The Law Commission has undertaken to review the law of England and Wales and considered reforms to ensure that the law can accommodate digital assets. Following its Call for Evidence in 2021, the Law Commission has published its Consultation Paper setting out its proposals for reform and seeking input.

Building on the FMLC’s response to the Call for Evidence, this paper supports the Law Commission’s proposals in relation to the recognition of a third category of personal property and provides comment on related issues such as factual and legal transfers, custody and security.

Available as PDF

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