Bloomsbury Professional Law Insight - Cryptocurrency in Matrimonial Finance

Description

This book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of 'property', before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to 'self-help' disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC's current guidance on the taxation of crypto-assets for individuals.

Dean Armstrong KC is a highly experienced practitioner specialising in commercial litigation, cyber, data and technology law. He is a Band 1 ranked silk for Cryptocurrency in Chambers & Partners and is considered a leading international authority on cyber law. Dean has served on the board of several companies. He is joint Head of Chambers at The 36 Group and Head of Cyber at 36 Commercial. Marc Samuels is a barrister at 36 Family. Marc specialises in complex matrimonial finance cases, particularly those featuring crypto-assets, trusts, and corporate structures, as well as international litigation. Marc lectures extensively on matrimonial finance law and overlapping legal issues involving emerging technologies.