Liability for Wrongful Interference with Crypto-assets. Their Proprietary Status and Its Practical Implications

This paper focuses on the existence, under English law, of liability for wrongful interference with crypto-assets. Using the Law Commission’s Final Report on Digital Assets as a reference point, the paper argues that conversion – the most relevant wrongful interference tort – cannot apply to crypto-assets, chiefly because crypto-assets are not the subject-matter of property rights in the relevant sense. In this light, the paper examines what other causes of action might offer some degree of protection to crypto-holders, as well as the limits of the protection offered. Finally, the paper puts forward a critical account of certain proposals for reform, including the Property (Digital Assets etc) Bill.