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Tiptoe through the tulips: fiduciary and common law duties of care in cryptocurrency
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Tulip Trading Limited v Bitcoin Association for BSV and ors [2022] EWHC 667 (Ch) involved an unusual claim by an alleged owner of Bitcoin seeking to force core developers of the Bitcoin code to take reasonable steps to “patch” that code to circumvent the fact that the claimant no longer controlled the relevant private key. This was analysed by the court on traditional principles of fiduciary duties and common law duties of care, but more broadly the claims can be seen to challenge the decentralized nature of the Bitcoin blockchain and the importance of private keys to the certainty and security of that blockchain.
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