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Bloomsbury Professional Law Insight - Cryptocurrency in Matrimonial Finance: Bloomsbury Professional Law Insights

Autor Dean Armstrong QC, Marc Samuels
en Limba Engleză Paperback – 14 sep 2022
Cryptocurrency in Matrimonial Financeexamines the developing and specialist area of cryptocurrency and blockchain technology in the context of matrimonial finance proceedings in England and Wales. Cryptocurrencies are becoming increasingly mainstream and going forward there will be cases in which issues arise as to how such currencies should be valued or how they should be shared (if a straight division is not possible).The work is split into two parts, the first half of the book provides a primer on cryptocurrency, blockchain etc, and the latter focuses on the role and impact of that type of asset in matrimonial finance litigation.The work firstly considers the legal status of cryptocurrencies and the key participants in the cryptocurrency market. It analyses what cryptocurrencies are, how they are held by their owners, and what to do when they are identified in the course of matrimonial finance litigation.The second part of the work summarises the key principles of English family finance and the operation of the family court. It provides a detailed analysis of cryptocurrencies as a specific type of matrimonial asset, before exploring familiar litigation scenarios such as applications for freezing and disclosure orders. It also addresses the valuation of crypto-assets and the instruction of forensic experts for tracing/asset recovery, as well as Anti-Money Laundering considerations for practitioners.
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Specificații

ISBN-13: 9781526521408
ISBN-10: 1526521407
Pagini: 152
Dimensiuni: 210 x 297 x 16 mm
Greutate: 0.42 kg
Editura: Bloomsbury Publishing
Colecția Bloomsbury Professional
Seria Bloomsbury Professional Law Insights

Locul publicării:London, United Kingdom

Caracteristici

Clear exposition of cryptocurrencies for the novice and their interaction with matrimonial finance proceedings

Notă biografică

Dean Armstrong QC is co-Head of Chambers at The 36 Group and Head of Cyber at 36 Commercial. He is a regular commentator on legal matters both for Sky and BBC TV as well as the radio, including featuring recently as a contributor on cyber matters on BBC Business Breakfast Briefing. Dean lectures extensively on all matters relating to data and cyber and, in recent times, has advised high profile entities on the GDPR and the consequences of a data breach.Marc Samuels is a barrister at The 36 Group. He specialises in matrimonial finance, domestic and offshore trusts, and company and partnership disputes associated with family relationship breakdown.

Cuprins

1. Introduction: cryptocurrencies and challenges for family lawPart 1: Cryptocurrencies and Blockchain2. Blockchaina. What is blockchain?b. How a blockchain worksc. The consensus mechanismd. Applications of blockchain technology3. Cryptocurrencya. Different types of crypto-assets and the relationship to blockchainb. What are cryptocurrencies?c. What is their legal status in UK?4. The cryptocurrency landscapea. The ecosystem: users, miners, exchanges, platforms, wallet providers (key terms explained)b. The 'Big players' (by market capitalisation, e.g. Bitcoin, Etherium, Ripple, Litecoin etc.)c. Method of ownership of cryptocurrencies (wallets, proving ownership etc.)5. Regulation of cryptocurrencyPart 2: Cryptocurrencies in matrimonial finance cases6. Financial remedies and the family court: overviewa. Powers of the court and statutory frameworkb. Principles of distributionc. Matrimonial and non-matrimonial propertyd. Needs and sharinge. Compensationf. Practice and procedure7. Cryptocurrency as a matrimonial asseta. Are cryptocurrencies 'property'?b. Are cryptocurrencies divisible?c. Can the cryptocurrencies be identified and located?d. (Non)-disclosure on Form E: practical steps8. Valuation of cryptocurrenciesa. Forensic experts -- tracing and valuation9. Interim reliefa. Disclosure and preservation of documents/devicesb. Freezing cryptocurrencies10. Money laundering and terrorisma. Practitioner issues - enhanced due diligence etc