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Service, lies and NFTs: litigation and the blockchain
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Since the advent of the blockchain, the courts have grappled with difficult concepts such as how to classify cryptocurrency or non-fungible tokens (NFTs) in claims involving fraud or the enforcement of property rights. In this article we will look at some of the recent developments in caselaw in England and Wales with a practical focus on the tools currently available to litigators when dealing with these concepts and in particular: (i) the use of the blockchain in serving proceedings; (ii) important considerations for instructing experts in claims involving cryptoassets; and (iii) the particular importance of Bankers Trust and Norwich Pharmacal orders.
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