Bloomsbury Professional Law Insight - Cryptocurrency in Matrimonial Finance PDF Download

Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
ISBN: 1526521423
Category : Law
Languages : en
Pages : 177

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Book Description
This book explores the specialist area of cryptocurrency in the context of matrimonial finance proceedings. The work is split into two parts. The first part provides a comprehensive primer on cryptocurrency and blockchain technology. It explains what cryptocurrencies are, how they are held by their owners, and how blockchain technology works. This part also considers the legal status and current regulatory treatment of cryptocurrency in England and Wales. The second part provides an overview of financial remedies and the distributive principles applied by the Family Court in matrimonial finance cases. It analyses the current case law on cryptocurrencies as a variety of 'property', before exploring issues that practitioners may face when encountering crypto-assets in litigation. This includes the challenges of valuing, tracing, and freezing cryptocurrency, as well as disclosure considerations. The work includes an overview of the principles relating to 'self-help' disclosure and associated criminal offences pursuant to the Computer Misuse Act 1990 and the Data Protection Act 2018. It also contains a summary of HMRC's current guidance on the taxation of crypto-assets for individuals. This title is included in Bloomsbury Professional's Family Law and Cyber Law online services.

Author: Dean Armstrong
Publisher:
ISBN: 9781526521439
Category :
Languages : en
Pages : 0

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Book Description

Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
ISBN: 1526521660
Category : Law
Languages : en
Pages : 341

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Book Description
Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law. This title is included in Bloomsbury Professional's Cyber Law online service.

Author: Ben Symons
Publisher: Bloomsbury Professional
ISBN: 9781526512611
Category : Business & Economics
Languages : en
Pages : 64

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Book Description
Developments in the world of blockchain and crypto-currency move fast and much has changed since HMRC's original guidance on the subject of crypto currency published in 2014. In that original guidance there was a suggestion that dealing in crypto-currency was so risky that it could be compared to gambling and therefore outside the scope of taxation. However, the revised guidance issued in December 2018 has definitely moved away from that stance and individuals holding or intending to hold crypto-currency and their advisors need to be aware of the current taxation rules. Further guidance from HMRC on the tax treatment of crypto-assets for businesss and companies is expected soon. This book provides a background to the development of bitcoin and the application of blockchain technology and then looks at the income tax, capital gains tax and IHT treatment of any crypto-currency. Worked examples and flowcharts/diagrams will be used where relevant to illustrate key concepts. Crypto-currencies are increasingly being used globally and are more regulated in some territories. The bulletin will also deal with non-resident investors, and offshore crypto-currency funds and tax avoidance.

Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
ISBN: 1526513617
Category : Law
Languages : en
Pages : 435

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Book Description
Cyber Litigation: The Legal Principles brings together the existing legal principles in this rapidly developing area of law whilst at the same time considering the latest challenges facing practitioners and corporate advisers. The authors have surveyed the legal landscape to identify bespoke approaches to the issues involved. The book looks at the most common causes of action in cyber litigation, including 'cybercrime', IP, data protection breaches, and conflict of laws considerations. It analyses the situations where cyber-related litigation requires a new approach and looks at the remedies available. It covers cyber litigation and regulatory enforcement action, as well as alternatives to litigation such as the NCA Prevent scheme, Deferred Prosecution Agreements and Civil Recovery. It describes situations where arbitration or mediation are mandated, as well as online dispute resolution and technology powered alternatives to traditional determination. Readers will benefit from the use of flowcharts, tables, checklists and case studies to provide a clear understanding of the processes involved, as well as legal analysis of significant cases, an insight into what constitutes 'data', and legal analysis and commentary on potential legal arguments that may arise in cyber litigation. Cyber Litigation: The Legal Principles is an essential title for all practitioners involved in commercial disputes, information technology professionals, data protection officers, compliance staff and technologists with a legal interest.

Author: Iris H-Y Chiu
Publisher: Bloomsbury Publishing
ISBN: 1509935754
Category : Law
Languages : en
Pages : 365

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Book Description
This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as 'commons' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of 'regulatory capitalism' to this perceived 'wild west' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy.

Author: Richard Harrison KC
Publisher: Bloomsbury Publishing
ISBN: 1526512831
Category : Law
Languages : en
Pages : 579

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Book Description
1KBW on International Child Abduction is a guide to the practice and procedure in international child abduction proceedings, in particular applications under the 1980 Hague Convention. It provides guidance as to the law of England and Wales and relevant international law in child abduction cases, as well as the procedures for making applications in the High Court and for pursuing appeals in the Court of Appeal and the Supreme Court. It condenses a large body of case law and international instruments into a digestible format, so that practitioners have all the tools needed for day-to-day practice in one place. 1KBW on International Child Abduction provides: - Flow charts to explain key legal principles and procedural steps, as well as diagrams which summarise important cases - A dedicated section on the 1980 Hague Convention, with individual chapters devoted to key principles such as rights of custody, habitual residence and the relevant 'defences' to applications for a summary return order - Chapters pertaining to the 1996 Hague Convention and applications under the inherent jurisdiction - Practical guidance about the procedure for making applications in the High Court, such as: how to make urgent without notice applications; the criteria for obtaining different types of Tipstaff orders; and when to seek specific orders for disclosure to assist in tracing a child - A summary of Covid-19 guidance Legislation and guidance covered includes: - 1980 Hague Convention - 1996 Hague Convention - Child Abduction and Custody Act 1985 - Family Law Act 1986 - President's Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings 1KBW on International Child Abduction is aimed primarily at practitioners who already specialise, or are looking to specialise, in international child abduction. It can also be used as a reference tool by all family practitioners and those who have an interest in the subject.

Author: Joshua Hitchens
Publisher: Bloomsbury Publishing
ISBN: 1526515962
Category : Law
Languages : en
Pages : 380

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Book Description
Longlisted for the 2022 Inner Temple New Authors Award “an impressive book... a pleasurable and, at times, compelling read... an ambitious project, but...skilfully realised” The Honourable Mr Justice Hayden, Vice President of the Court of Protection, in the Foreword to the book Forced Marriage Law and Practice is a comprehensive and practical treatment of the law and practice in this field, incorporating criminal, family and Court of Protection elements. It provides an awareness of what remedies may be available, how they may be obtained, and how best to defend an application or prosecution. The book is divided into five parts which look at: - The definition of forced marriage, setting out the law and types of forced marriage in seven sections: prevention; punishment; remedies following a forced marriage; forced marriage and human rights; honour-based forced marriage; forced marriage involving vulnerable individuals and those lacking capacity; and organised exploitation and marriage for immigration purposes. - The law and procedure in the family jurisdiction, including both matrimonial and protective remedies - The procedure and relevant law for bringing and defending forced marriage related prosecutions in the criminal jurisdiction - The law, procedure and relevance of Court of Protection proceedings - Matters of best practice Forced Marriage Law and Practice helps the reader to access the relevant law, and includes summaries of applicable law (both international and domestic), all in one text, facilitating a holistic approach to cases of forced marriage. This is an essential title for family, crime and Court of Protection practitioners, as well as for other legal advisers and representatives, CPS lawyers, local authorities, human rights organisations, charities, students and academics.

Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
ISBN: 1526514141
Category : Law
Languages : en
Pages : 182

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Book Description
Full of tips, case studies, tables and checklists this new title sets out the parameters of liability in respect of potential and actual cyber insurance claims and examines the significant areas where such claims will have the greatest impact. Covering First and Third party insurance, it provides the answers to questions such as: What is the extent to which a data breach can be protected or mitigated against by having suitable insurance in place? How does having insurance interplay with obligations under the GDPR? To what extent can insurance be used to safeguard driverless cars, drones and other AI-machines? How can insurance companies assist when hackers hold companies to ransom after stealing data? How can insurance assist with smart contracts on the blockchain and for potential coding errors? How can insurance mitigate against the hacking of online systems of manned ships?

Author: Joseph Lee
Publisher: Routledge
ISBN: 0429657315
Category : Law
Languages : en
Pages : 215

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Book Description
Crypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.