Jurisdiction(s):
United Kingdom

Key definition

Use definition

What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...

Civil recovery of cryptoassets: challenges, tracing, interim remedies, disclosure, persons unknown and POCA 2002 (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

$imgtext$

Civil recovery of misappropriated cryptoassets

This Practice Note outlines avenues to reclaim misappropriated cryptoassets and sets out the legal and technical hurdles arising from the characteristics of such assets and the speed with which fraudsters can deploy obfuscation tools to conceal them. It addresses the roles of following and tracing during recovery, the availability of interim relief in civil proceedings concerning cryptoassets, and the significance of the Proceeds of Crime Act 2002 (POCA 2002) to civil recovery in this field.

Crypto asset recovery

Crypto asset recovery means regaining access to digital property that is lost, stolen, or otherwise unreachable. Situations prompting recovery include lost wallet access, mistaken transactions—for example, assets sent to the wrong wallet address—or fraud.

Depending on the facts, potential approaches include:

Reconstructing passwords and seed phrases, using brute-force methods or partial backups
Conducting blockchain analysis to map transfers and pinpoint destination wallets
Using data recovery utilities to extract information from damaged or corrupted devices
Pursuing legal remedies, including civil claims and applications for injunctive relief...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Darragh Connell

Darragh deals with all aspects of commercial law with specific emphasis upon domestic and international contractual disputes, insolvency, civil fraud as well as crypto asset recovery. He has a busy commercial litigation practice regularly appearing in the High Court. Prior to joining the Bar, Darragh worked as an analyst with Goldman Sachs in London. He holds a First Class Honours law degree from University College Dublin and he was the Swift MacNeill Scholar at the Honorable Society of the Kings Inns in 2008. Darragh also holds a Masters in Commercial Law from the University of Cambridge (Gonville and Caius College)....

Joel Leigh

Howard Kennedy LLP

Joel is a partner in the Civil Disputes Resolution Team. He specialises in complex commercial disputes spanning civil fraud, directors and officers, insurance, professional negligence, clinical negligence and sports law. He also undertakes high-value fatal accident claims. His caseload encompasses banking, construction, disciplinary, fiduciary duties, financial services, insurance, mining, misfeasance in public office, pharmaceuticals, partnership, property and trade finance.Joel's work in the professional negligence sector is principally claimant based, focusing on faulty accountancy, finance advisory, architecture, insurance, surveying and legal advice.Conversely, his work in the disciplinary field is defendant focused, having represented barristers, solicitors and other professionals.Within the sports sector, Joel acts for a diverse range of high-profile clients including individual athletes and their agents, clubs, associated brands and commercial partners, as well as esports.Joel is an experienced trial solicitor undertaking work across a wide range of legal forums, up to and including the...

David Hamilton

Howard Kennedy LLP

David is a partner in Howard Kennedy's Business Crime and Regulatory team. He has over 16 years' experience representing individuals and corporates in the context of internal investigations and actions brought by domestic and international regulatory and law enforcement bodies including the Financial Conduct Authority, Serious Fraud Office, HMRC, police, European Commission, and US Department of Justice.David specialises in financial services enforcement and has advised on a range of high-profile actions including market manipulation, anti-competitive behaviour, retail mis-selling and consumer redress programmes. He has also represented clients in the context of criminal investigations and prosecutions relating to pensions offences, tax evasion, insider dealing, bribery & corruption, fraud, and money laundering.David also regularly advises companies across a broad range of sectors on their financial crime and regulatory systems and controls, conducting risks assessments, compliance audits, policy and procedure reviews, training, and ongoing...

Ajay Fournillier

Howard Kennedy LLP

Ajay is an experienced Associate and valued member of the Commercial Dispute Resolution Team at Howard Kennedy LLP. Ajay joined Howard Kennedy as a trainee in 2017 and qualified in 2019. Prior to this, he completed his LLB at the University of Essex in 2010 before completing the LPC at (then) BPP Law School in 2011. Before entering private practice, he gained diverse professional experience including a role within the Metropolitan Police Service. Ajay's practice spans a broad range of complex commercial litigation matters including asset tracing and recovery, contractual disputes, civil fraud claims, misrepresentation, insolvency litigation, shareholder disputes, unfair prejudice petitions, professional negligence, breach of directors' duties, enforcement action, appointment of LPA Receivers, Arbitrations, challenges to Arbitration Awards, committal applications and injunctions. ...

Robyn Watson

Howard Kennedy LLP

Robyn Watson is the PSL Director for the Commercial Disputes team at Howard Kennedy LLP. She has experience advising on a wide range of issues with a particular focus on contractual disputes, financial services disputes, and civil fraud claims. Robyn has an in-depth technical understanding of litigation process and procedure....

Tara Panicker

Howard Kennedy LLP

Tara Panicker is a newly qualified solicitor with over five years of experience in commercial litigation, international arbitration, and corporate advisory work. She is currently a paralegal in the International Construction team at Howard Kennedy LLP, where she works on high-value disputes arising from complex infrastructure and construction projects across multiple jurisdictions, including proceedings before the LCIA, ICC, SIAC, and the High Courts of England and Wales. Her career includes assisting on a £3 billion asset recovery claim in the English High Court, preparing a £65 million commercial dispute for trial, and supporting a high-profile defamation case before the Court of Appeal. She has also worked on a £6 million fraud and asset recovery claim involving a bitcoin mining scam, and contributed to precedent-setting litigation in the cryptocurrency space. Prior to joining Howard Kennedy, Tara worked at a global dispute resolution practice...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...