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Articles by Philip Lis
High Court Rules That Administrators May Be Able To Pay Administration Expenses And Litigation Funding Ahead Of “super Priority” Moratorium Debts
Philip Lis’s articles from Herbert Smith Freehills Kramer LLP are most popular: in European Union in European Union with readers working within the Healthcare and Law Firm industries Herbert Smith Freehills Kramer LLP are most popular: within Insolvency/Bankruptcy/Re-Structuring, Wealth Management and Technology topic(s) with Senior Company Executives, HR and Inhouse Counsel The High Court has held that administrators could enter into litigation funding arrangements that provide for the...
London X China podcast series 《聆听英国法》中文播客系列节目
In this episode, we discuss the key legal and practical considerations for investors when dealing with cryptoassets in a UK context. We also explore the changing landscape of regulation of cryptoassets in the UK and the EU.
Commercial Court Finds Good Arguable Case That, Where Cryptoassets Were Taken From An English Resident, Damage Was Sustained In England
Chris Bushell’s articles from Herbert Smith Freehills Kramer LLP are most popular: with Senior Company Executives, HR and Finance and Tax Executives with readers working within the Healthcare and Securities & Investment industries In a recent judgment involving an alleged cryptocurrency fraud, the Commercial Court continued a freezing order obtained against persons unknown over various accounts holding cryptoassets: Smithers & Anor v Persons Unknown [2026] 3 WLUK 397.
Digital Property And The Limits Of Conversion: High Court Strikes Out Conversion Claim For Misappropriation Of Bitcoin
Philip Lis’s articles from Herbert Smith Freehills Kramer LLP are most popular: with Finance and Tax Executives in United Kingdom in United Kingdom with readers working within the Business & Consumer Services and Law Firm industries The High Court has declined to extend the traditional tort of conversion to crypto assets, holding that it was bound by existing authority to confine the tort to tangible goods despite the statutory recognition of a potential third category of property: Yuen v Li...
Commercial Court Finds Time Was Not Of The Essence For Provision Of A Contractual Refund Guarantee
Herbert Smith Freehills Kramer LLP are most popular: within Transport, Media, Telecoms, IT, Entertainment and Family and Matrimonial topic(s) with Inhouse Counsel in United Kingdom In a recent judgment, the Commercial Court dismissed appeals under s.69 of the Arbitration Act 1996 against 10 arbitral awards arising from shipbuilding contracts: SLB and others v PAK and others [2026] EWHC 449 (Comm).
The IP's toolkit for cryptoassets - Investigate? Safeguard? Sell?
The IP's toolkit for cryptoassets Investigate? Safeguard? Sell?
The IP's toolkit for cryptoassets – Investigate? Safeguard? Sell? | Herbert Smith Freehills | Global law firm
Insight UK Article A cross-practice HSF team have created a practical toolkit for use by Insolvency Practitioners (IPs) in handling insolvencies of companies holding or having interests in cryptoassets.
High Court “entirely satisfied” Dr Craig Wright not Bitcoin inventor
Dr Craig Wright’s claims to be the inventor of Bitcoin – the pseudonymous Satoshi Nakamoto – have formed the basis for various proceedings both in the English courts and elsewhere.
English Court Orders Crypto Exchange To Transfer Assets Into England And Wales To Facilitate Enforcement Of Judgment
The English High Court has ordered a cryptocurrency exchange (Huobi) to transfer into the jurisdiction a defendant's cryptocurrency held outside the jurisdiction to facilitate the claimant's efforts to enforce its judgment against those assets. Under the court's order, the cryptocurrency is first to be converted into fiat currency and then transferred to the Court Funds Office, either directly or via the claimant's solicitors: Joseph Keen Shing Law v Persons Unknown & Huobi Global Limited.
Self-proclaimed creator of Bitcoin can proceed with claim that Bitcoin branch networks breach his intellectual property rights
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Dr Craig Wright claims to be the inventor of Bitcoin and to have authored the Bitcoin White Paper in 2008, created the Bitcoin File Format and mined the inaugural block in the Bitcoin Blockchain – the ‘Genesis Block’. Despite the Bitcoin White Paper having promoted de-centralisation, Dr Wright is now seeking to prevent others from using his alleged intellectual property.
By Chris Bushell, Ajay Malhotra, Andrew Moir Verified, Philip Lis, Charlie Morgan, Rafael Lawrence, Dan Huang
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Lexology
Verified
Is the decentralised governance of Bitcoin a myth? Court of Appeal finds real issue to be tried as to whether developers owe fiduciary duties to Bitcoin owners
In the latest development in a line of cases involving Dr Craig Wright, who claims to be the creator of the Bitcoin system, the Court of Appeal has held that there is a realistic argument that Bitcoin developers, while acting as developers, owe fiduciary duties to the true owners of that property, which could include taking active steps to introduce code so that an individual owner’s Bitcoin can be transferred to safety: Tulip Trading Limited v Wladimir van der Laan and ors [2023] EWCA Civ 83.
High Court considers application of gateways for service out of the jurisdiction to cryptoassets removed from the jurisdiction
A recent High Court decision suggests that there is some doubt as to the proper construction of the gateways allowing service out of the jurisdiction for claims relating to property in the jurisdiction, and for claims in constructive or resulting trust relating to assets within the jurisdiction.
High Court Grants Freezing Injunction In Relation To Stolen Non-fungible Tokens (NFTs)
Adding to the run of recent cases involving fraud or theft of cryptoassets, the High Court has granted an order restraining "persons unknown" from dissipating NFTs allegedly stolen from the claimant's cryptoasset wallet: Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone [2022] EWHC 1021 (Comm).
Freezing Orders Brought Onto The Blockchain And Service Of Proceedings Via NFTs
The challenge of enforcing court orders in respect of cryptocurrencies may become easier, following the settlement announced last week between the Bitcoin Association for BSV and Tulip Trading Ltd (TTL). This follows the significant case brought by Dr Craig Wright against a number of blockchains and their developers in 2021: Tulip Trading Limited v Bitcoin Association for BSV [2022] EWHC 667 (Ch) (discussed in our previous blog post).
Commercial Litigation Podcast Series – Episode 13: General Update (Podcast) - Litigation, Mediation & Arbitration - UK
UK: Commercial Litigation Podcast Series – Episode 13: General Update (Podcast) 31 March 2022 by Anna Pertoldi , Maura McIntosh and Philip Lis Herbert Smith Freehills In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies.
UK: Bitcoin In The Dock – Cryptocurrency Too Risky To Cover Winning Party's Court Costs 22 February 2022 by Philip Lis and Olivia Odubanjo Herbert Smith Freehills To print this article, all you need is to be registered or login on Mondaq.com. Are cryptocurrencies as trustworthy as traditional money? It's a question increasingly asked in business and policy circles given the boom in crypto assets over the last two years.
Hong Kong Court continues to recognise and assist Mainland insolvency proceedings | Lexology
The recent decision in Re The Liquidator of Shenzhen Everich Supply Chain Co, Ltd (in liquidation in the People’s Republic of China) [2020] HKCFI 965 reaffirms the willingness of the Hong Kong Companies Court (the “Companies Court”) to recognise the winding-up of a company in Mainland China and thereby grant recognition and assistance to liquidators appointed in the Mainland.
Hong Kong Court calls for “immediate” improvements to insolvency legislation | Lexology
In The Joint and Several Provisional Liquidators of China Oil Gangran Energy Group Holdings Limited [2020] HKCFI 825, the Hong Kong Court continued a trend of recognising foreign soft-touch provisional liquidators. In this case, the Joint and Several Provisional Liquidators (the “JPLs”) were appointed over China Oil Gangran Energy Group Holdings Limited (“China Oil”), (a company incorporated in the Cayman Islands), by the Cayman court, with a view to pursuing a debt restructuring.
First Recognition And Assistance Granted To Mainland Liquidators In Hong Kong
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Stop, collaborate and listen: first recognition and assistance granted to Mainland liquidators in Hong Kong | Lexology
Hong Kong
January 24 2020 In a long-awaited development of cross-border insolvency cooperation between Hong Kong and Mainland China, the Hong Kong Court has granted recognition and assistance to Mainland liquidators for the first time in Joint and Several Liquidators of CEFC Shanghai International Group Ltd [2020] HKCFI 167.
“Outmoded” parallel schemes of arrangement and a red flag on restructuring costs in Hong Kong | Lexology
Hong Kong
November 19 2019 The Court of First Instance has recently helpfully summarised the legal position on schemes of arrangement under both Hong Kong law and English law. Notably, it has called for further development in cross-border coordination in order to avoid the trouble of parallel insolvency proceedings and it has raised a red flag in relation to detailed disclosure of restructuring costs: Da Yu Financial Holdings Limited [2019] HKCFI 2531.
Hong Kong Court spits out ceviche: “objectionable” Peruvian fisheries business Chapter 11 trustee refused common law assistance | Lexology
Hong Kong
January 17 2019 In a highly international cross-border restructuring, the High Court of Hong Kong has refused to assist the New York-based Chapter 11 trustee of a Singaporean subsidiary of the Cayman-incorporated Peruvian business China Fishery Group (“CFG”). Significantly, the Court held that there was no way that the Chapter 11 proceedings could be recognised given the applicant had no connection to the US.
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