Cryptoassets for dispute resolution lawyers

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The content in this subtopic covers digital assets, principally cryptoassets, currently commonly seen in the form of cryptocurrencies (eg Bitcoin), and smart contracts. At the heart of both is a combination of intangible property or property rights issues derived from new digital technologies. In this respect, developments in the ‘digital world’ have given rise to new issues for the lawmakers (both domestically and internationally) to grapple with.

The content in this subtopic is concerned with how these technological developments are dealt with under English law and from the perspective of how issues pertaining to them may arise in the work of dispute resolution lawyers. That is, when and how rights (and obligations) in respect of such assets arise, can be identified, transferred, protected and enforced under English law.

We may also consider within this subtopic other digital assets such as NFTs (non-fungible tokens) and digital securities (ie equity or debt securities issued and transferred on ‘distributed ledger technology’ (DLT) systems) where, again, given the new technologies surrounding these assets and their creation and transfer within these new environments, they give rise to similar issues as to

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Latest Dispute Resolution News

UK Supreme Court announces fee increases effective 1 April 2026

The UK Supreme Court has announced that its fees will increase from 1 April 2026 following recommendations from the Lord Chancellor. The increases reflect Consumer Prices Index inflation of 5.9% measured between March 2023 and March 2025, with the permission to appeal fee rising to £1,470 and the notice of appeal filing fee increasing to £9,500. These adjustments represent the second increase since 2011, following a 2024 decision to implement biennial fee reviews to account for inflation. Parties that have already filed permission to appeal applications will be subject to the new fees for any subsequent stages of their appeal proceedings. The Lord Chancellor sets Supreme Court fees under powers conferred by the Constitutional Reform Act 2005.

Third party costs—Court of Appeal confirms stay pending detailed assessment is case management decision (Federal Republic of Nigeria v VR Global Partners LP)

Dispute Resolution analysis: The Court of Appeal has upheld the decision of a judge at first instance to stay an application for a third-party costs order under section 51 of the Senior Courts Act 1981 until after the conclusion of the detailed assessment of the underlying bill of costs. Dismissing Nigeria’s appeal, the Court of Appeal held that there is no presumption that a third-party costs application should be determined before a detailed assessment. The question is purely one of case management, to be decided in accordance with the interests of justice and the overriding objective. The decision, being within the scope of discretion allowed a judge, was not amenable to appeal; that a different judge would have reached a different conclusion was not in point. Where there is a real question whether any further sum will be payable following assessment (particularly where a substantial payment on account has already been made and costs are to be assessed on the standard basis), it is legitimate to stay the third party application to avoid wasting court resources on what may prove to be a pointless satellite exercise. Of general and at least equal significance to costs practitioners were the Court of Appeal’s strong comments (obiter dicta in strict terms) deprecating disproportionate detailed assessment processes and endorsing the use of sampling as a case management tool in cases involving very significant bills of legal costs. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

UKJT Report on Control of Digital Assets

The report, prepared by the UK Jurisdiction Taskforce's Control Panel and published on 19 March 2026, provides technical, non-binding guidance for courts and legal practitioners on how digital assets are controlled in practice. The Panel was established at the invitation of the Lord Chancellor, following the Law Commission’s recognition that digital assets constitute a distinct ‘third category’ of property. The report emphasises that ‘control’ is a factual, functional concept, centred on the ability to exclude others, use and transfer an asset. It analyses various forms of control, including direct, multi-party, smart contract-based, delegated, and layered control, highlighting that real-world arrangements are often complex and overlapping. The report notes that the absence of a central operator and privacy-enhancing technologies may limit the effectiveness of traditional legal remedies. Overall, it points to a need for the law to develop incrementally in response to evolving technologies, with the courts adopting a flexible, context-specific approach focused on how control is in fact exercised in any given system.

Professional negligence and limitation—the roll of impecuniosity in constructive knowledge (Kay v Martineau Johnson)

Dispute Resolution analysis: The Court of Appeal considered the correct approaches to actual knowledge and constructive knowledge in the context of solicitors’ professional negligence. Of note was the consideration of whether impecuniosity was a relevant factor in considering reasonable steps and the taking of expert advice for the purposes of the date of knowledge. Written by James Davies, barrister and Mediator at New Square Chambers.

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