ABSTRACT
D’Aloia v Persons Unknown [2024] EWHC 2342 (Ch) is the first English judgment on crypto recovery following a full trial on the merits. Notwithstanding earlier optimism boosted by several successful applications for summary judgment, the court wholly rejected both the conclusions and the methodology of the claimant’s crypto forensics expert, which was fatal to his claim. Our note examines several important aspects of the decision pertaining to the characterisation of cryptoassets as property, and the significant difficulties faced by claimants in tracing and following cryptoassets following fraud.
Chan, Wei Xuan Timothy and Low, Kelvin FK, Crypto Tracing Stumbles at Trial (November 25, 2024). Forthcoming in the Lloyd’s Maritime and Commercial Law Quarterly.
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