In a recent posted to this site entitled ‘Recent Developments | Crypto Currency Solicitors’, we commented upon the clarification provided by courts on the legal status of cryptoassets, including confirmation that civil remedies may be exercised in their recovery when illegally misappropriated.
Timothy Thompson of Kangs Solicitors now comments further with regard to the recovery of misappropriated cryptoassets.
When protecting the rightful owners of such assets against fraud, the Courts in England and Wales have many tools at their disposal.
Our team is led by Hamraj Kang, a nationally recognised leader in the field of financial crime investigations.
Kangs Solicitors combines the expertise of both criminal and civil lawyers when required in the representation of its clients.
We are here to assist you with these issues and our team of expert solicitors can be contacted for confidential and discrete advice as follows:
Pursuit of Misappropriated Assets | Crypto Investigation Solicitors
When pursuing misappropriated digital property, it is necessary for a claimant to:
- trace the asset(s) and identify the current holder,
- where necessary, obtain appropriate disclosure orders against those currently holding such asset(s),
- consider any issues surrounding jurisdiction for the pursuit of any redress through the courts, given the frequent international content of such assets.
Tracing the Asset(s) and Holder | Bitcoin Solicitors
- Locating the asset and, possibly, the new holder can be very difficult and, frequently, an application for interim relief is directed against ‘persons unknown’.
- When conducting such investigations, it is often necessary to locate a Crypto-exchange that can be linked to the asset. Once an exchange has been located, claimants can then look to the respective Disclosure Orders.
Disclosure Orders | Interim Relief Solicitors
Provided that there is sufficient nexus as to jurisdiction of the Courts in England and Wales, a Claimant can apply for the following:
- Norwich Pharmacal Order
A Norwich Pharmacal Order is sought when disclosure of documents or information is required in order to identify the potential Defendant(s) who cannot be identified from the information available.
A Norwish Pharmacal Order is normally sought against anyone who, innocently or otherwise, has inadvertently become involved in the wrongdoing of the potential defendant.
- Bankers Trust Order
A Bankers Trust Order is available where an organisation has either misappropriated funds passing through its accounts is still in possession of such funds.
Once granted, a Bankers Trust Order forces disclosure of confidential information and/or documents required to identify the wrongdoer.
Who Can I Contact For Help? | Kangs Cryptocurrency and Digital Assets Solicitors.
The team at Kangs Solicitors is accustomed to assisting clients in both criminal and civil injunctive proceedings of every nature.
We welcome enquiries by telephone or email.
We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.
Alternatively, we provide initial consultations by telephone or video conferencing.