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The FCA’s policy statement on financial promotion rules for cryptoassets
Posted: 22/08/2023
In June 2023, the Financial Conduct Authority (FCA) published the catchily titled PS23/6: Financial promotion rules for cryptoassets, which include a set of near final rules that are expected to be brought into force by the FCA through a statutory instrument later this year, known as the Financial Promotion Order (FPO). This article discusses......>>
A legal framework for digital assets
Posted: 22/08/2023
The term ‘digital assets’ is extremely broad. They are assets which (i) have value, (ii) are stored digitally and (iii) are uniquely identifiable. Obvious examples of these are mainstream digital assets such as digital files, email accounts, domain names and media and graphics, but they also include cryptocurrencies, non-fungible tokens (NFTs)......>>
Philipp v Barclays Bank - Supreme Court judgment finds payment service providers are not liable to reimburse victims of 'APP' fraud
Posted: 12/07/2023
On Wednesday, 12 July 2023, the Supreme Court handed down its decision in Fiona Philipp v Barclays Bank UK Plc. In what is a blow to consumers and a relief for banks, the Supreme Court has disagreed with the Court of Appeal’s decision and ruled in favour of Barclays, meaning victims of authorised push payment (APP) fraud cannot call......>>
Fiona Philipp v Barclays Bank UK Plc - no common law protection for victims of APP fraud
Posted: 12/07/2023
On Wednesday 12 July 2023, the Supreme Court handed down its judgment in Fiona Philipp v Barclays Bank UK Plc [2023] UKSC 25 reversing the Court of Appeal’s decision. The public interest in this case centred around liability for losses sustained by bank customers through authorised push payment (APP) fraud......>>
More digital asset litigation: round two – the Tulip Trading saga continues
Posted: 03/04/2023
Are blockchain developers liable as fiduciaries or otherwise to bitcoin owners who use their software? This is a question that the Court of Appeal decided ought to be considered when it granted permission for Tulip Trading Limited (Tulip) to appeal the High Court’s conclusion that they were not, in August 2022. You can review our article about this......>>

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