In proposing the controversial Property (Digital Assets etc) Bill at its second reading in the House of Commons, the Minister of State for the Ministry of Justice suggested that it ‘will help drive economic growth by encouraging innovation, attracting investment and reinforcing the UK’s position as a global hub for digital finances and technology (Hansard, HC Deb, vol 771, col 331 (16 July 2025)). Whatever the wisdom of this policy (cf Stevens (2023) 139 LQR 628), the English courts are already a global hub in terms of cryptoasset recovery litigation. This is in part because the common law, unlike many civilian systems or even mixed ones such as Scots law (Ripley et al (2025) Edin LR 175), permit actions to be brought against persons unknown. Partly for this reason, civil cryptoasset recovery lawsuits are almost exclusively the province of common law jurisdictions …
€ (Westlaw)
Kelvin FK Low, ‘Other people’s crypto: the perils of proprietary litigation against persons unknown’ (2026) 142 Law Quarterly Review 191-196.
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