28th March 2024

“Crypto can be property – it is time for the debate to move on”.

The ongoing swell of legal support for the proprietary potential of cryptoassets was recently challenged by Professor Robert Stevens in “Crypto is not property” (2023) LQR 139. In this responsive article, Caroline Jackson and Alex Potts KC write in defence of the new status quo, summarising recent judicial and academic developments to argue that cryptoassets are capable of being property, both as a matter of law and policy.

The article also considers the relevance of “realisable commercial value”, and why Professor Stevens’ suggestion that there are almost no problems which arise if crypto is not recognised as property is incorrect.

This article first appeared in the March 2024 issue of Butterworths Journal of International Banking and Financial Law.

To view the full article, please see here.

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