Are Crypto Assets Property In Law?

Digital assets, insolvency and asset tracing in the Cayman Islands and BVI

With the rise of digital asset fraud and liquidations in the crypto industry globally, the courts have shown a continued willingness to assist litigants in overcoming the nuanced issues in the crypto present.

The BVI Court is one of the frontrunners in this developing jurisprudence, having deemed crypto assets to be "property" in line with recent English Court decisions and it is expected that, when faced with the issue, the Cayman Islands Court will follow suit.

As the case law continues to develop in relation to crypto assets, the key legal questions in the context of asset tracing and insolvency will be addressed.