Many people trade in and invest using cryptocurrencies (like
BitCoin), and one of the most fundamental questions underpinning
those transactions is what cryptocurrencies actually are from a
legal perspective.
The answer to this question has significant ramifications for
all those owning or dealing with cryptocurrencies, and for a number
of reasons ranging from security and fraud prevention to wealth
management and tax (and much more).
This question of what they are from a legal perspective was
considered this year by the High Court in the case of Liam David
Robertson v Persons Unknown.
Firstly, we should note that cryptocurrencies are not strictly
speaking a ‘currency’, nor are they intellectual
property rights and they don't even fit into the definition of
‘personal property’. In fact, bizarrely,
cryptocurrencies don't really seem to neatly fit into any
category of asset or property whatsoever. That makes them tricky
and, to a large extent, dangerous as an