Digital assets in English law: an unusual type of property to administer—Thought Leaders 4
Senior associate Giles Hall has written an article for ThoughtLeaders4 Disputes magazine exploring the continued rise of digital assets and the challenges they pose in legal administration. The article focuses on the proposed Property (Digital Assets etc.) Bill, recently introduced in Parliament, which seeks to establish a new category of personal property specifically for digital assets. These assets often defy traditional classifications, falling outside the established categories of choses in possession or in action, creating uncertainty that the Bill aims to resolve.
The key point to note is that the Bill does not provide an exhaustive list of what constitutes a digital asset. Indeed, seeing as it seeks to correct an inflexible and traditionalist approach to personal property, this would seem to be the better option as the definition itself allows a great degree of judicial discretion.
The full article is in the Thought Leaders 4 Disputes magazine available to download here.
Giles Hall is a senior associate in the trust, will and estate disputes team. He advises on all facets of trust and estate litigation, handling domestic cases and those with an international dimension.
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