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CPD Course:
Disputes Involving
Digital Property:
Tracing, Freezing and
Recovering Misappropriated
and
Stolen Cryptocurrencies
and Non-Fungible
Tokens (NFTs)
Presented by
Prof. Steven Gallagher,
Professor of Practice in Law,
Associate Dean
(Academic & Student Affairs),
The Faculty of Law,
The Chinese University of Hong Kong |
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| Code: |
EVT000000464 |
Level: |
Intermediate |
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| Date: |
23 June 2025 (Monday) |
Language: |
English |
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| Time: |
14:30 - 17:45
(Reception starts at 14:00) |
Accreditation(s): |
LSHK CPD Points being applied for |
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Admission: |
Standard Fee: HK$1,980.00Advanced Booking: HK$1,680.00
(on or before 9 June 2025)Please call 2116 3328 for details
and Group Discount |
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| Presenter's Profile: |
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Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, and digital technology and law. Steven also teaches a course on art, antiquities, cultural heritage and the law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property. Steven’s research interests include equity and the law of trusts, Chinese custom and law, art and cultural heritage law, legal history, and law and technology. He is not a technologist. In 2023 Steven published the first treatise dealing formally and systematically with all the major aspects of and entitled, Digital Technology and Law.
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| Course Outline: |
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This three-hour seminar will consider the disputes which have arisen and may arise with regard to digital property, and the actions and remedies that may be available to reconcile them.
Disputes involving digital property have so far involved issues of contract, property, theft and fraud. The evidential processes, actions and remedies available to assist in reconciling these disputes and obtaining compensation for or recovery of missing digital property have been considered in the light of one important consideration - is digital property really property. Concerns have been raised that certain forms of digital property should be categorized as currencies or even non-property.
This seminar will consider these issues and disputes, and consider whether missing digital property should be identified as property and subject to the consequences of such identification. This will include the ability to use evidential processes such as tracing to identify substitutions, and orders such as injunctions to freeze digital property in the hands of any possessor. The seminar will consider whether equitable remedies such as the constructive trust may be suitable to effect recovery, or even if common law actions such as unjust enrichment may be developed to assist in the recovery of new forms of property.
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| Some of the topics which will be covered in this course include: |
- What disputes have arisen with regard to digital property?
- What are digital assets and digital property?
- Is digital property really property?
- Should cryptocurrencies be considered currencies?
- Are non-fungible tokens merely data?
- Can digital properties be traced?
- Can digital property be the subject matter of a constructive trust;
- Can digital property be recovered by an action for unjust enrichment?
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This course is provided by: |
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Relevant CPD Courses |
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Telephone: +852 3118 2371 | Facsimile: +852 3118 2372 Postal Address: P.O. Box 9993, General Post Office, Hong Kong |
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