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Crypto

Mediation examples:


  • a dispute between an introducing broker/consultant and a crypto-currency trading platform which raised a variety of accounting issues, in particular, commissions due and also included some discussion around the liquidation of crypto-currency positions;

  • a dispute between a customer and a crypto asset business concerning the basis on which an account was opened, the termination of the account and the conversion of crypo-assets standing to the credit of the account into Fiat;

  • a data protection claim by several claimants against a company that provided the ability for customers to trade crypto assets which suffered an attack by criminal hackers that breached its security and resulted in the exfiltration of the claimants personal data leading to subsequent theft of their crypto assets.  The claims were brought under the GDPR and Data Protection Act and  concerned the duties of the defendant in terms of technical and organisation measures to protect data, causation and the correct approach to compensation for material and non-materiel damage under data protection legislation (e.g. Article 82) and, importantly in terms of quantum, the date of measurement of loss (particularly in a volatile market such as crypto) and mitigation (e.g. the application of the market mitigation rule (e.g. Southgate v Graham  [2024] EWHC 1692);

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