Articles by author
Tracing through the Ether: legal and technical barriers to cryptoasset recovery
This article examines contemporary barriers to digital asset recovery, arguing that the central legal issue is not the proprietary status of cryptoassets, but the juridical character of the user’s interest vis-à-vis a centralised exchange (CEX). It analyses obstacles to establishing a trust in the CEX context, including the “Terms of Service Paradox”, the pooling and sweeping of assets in omnibus wallets, and the resulting uncertainty of subject matter, alongside constraints imposed by tracing doctrine, bona fide purchaser defences, the lowest intermediate balance rule, and apportionment in insolvency. Absent doctrinal recalibration, user protection in centralised custody risks remaining conceptually and practically illusory.
12 APR 2026Old debt, new terms or new debt, old terms: debt variation re-examined
This article examines the continuing importance of whether contractual amendments are variations of the original contract or result in a new contract altogether and the consequences for banking and finance transactions.
29 SEP 2025
