Bitcoins as Property: Welcome Clarity?

Abstract

In AA v Persons Unknown & Ors, Re Bitcoin [2019] EWHC 3556 (Comm), Bryan J offered the first reasoned judgment for deciding that bitcoins were property under English law for the purposes of an interim proprietary injunction, following similar, less fully reasoned, decisions in Vorotyntseva v Money-4 Ltd, t/a Nebeus.com [2018] EWHC 2598 (Ch) by Birss J and Liam David Robertson v Persons Unknown (unreported 15 July 2019) by Moulder J, and also relying upon the controversial decision of the Singapore International Commercial Court in B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 3; [2019] 4 SLR 17. This paper critiques the court's conclusion that bitcoins are an intangible property but not a chose in action.