INTRODUCTION
In a recent note, Professor Sir Roy Goode posited the following definition: ‘Subject to statute, property is anything of realisable commercial value’. If correct this would entail that all the disparate varieties of ‘cryptoassets’, including so-called cryptocurrencies (sic), would constitute ‘property’ for legal purposes, save where legislation stipulated to the contrary. Wealth greater than the mind can comfortably contemplate is currently stored in such ‘assets’, and Goode’s conclusion, if correct, would be of enormous practical legal significance. That crypto is ‘property’, has widespread academic support, the endorsement of the United Kingdom Jurisdiction Taskforce (chaired by Sir Geoffrey Vos, the then Chancellor of the High Court and now Master of the Rolls) and also that of the Law Commission in its recent consultation paper and report …
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Robert Stevens, ‘Crypto is not property’ (2023) 139 Law Quarterly Review (Oct) 615-628.
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