Modern Law Review· 2026Q1
Yuen v Li : So What if Digital Assets are Third Things?
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- 2026year
Short summary
The English court's decision in Yuen v Li, the first post-Property (Digital Assets etc) Act 2025, fails to clarify the legal consequences of interfering with digital assets, leaving key questions about liability and damages unresolved.
AI-generated from the title and abstract; the full text is not read.
Key points
- Yuen v Li is the first English case to consider digital assets after the Property (Digital Assets etc) Act 2025.
- The decision does not resolve key legal questions regarding digital asset interference.
- Unresolved issues include the nature of liability (conversion, tort, strict vs. fault-based), reconciliation with physical device rights, and damages assessment in volatile markets.
AI-generated from the title and abstract; the full text is not read.
Abstract
Yuen v Li is the first English decision to consider the legal treatment of digital assets since the Property (Digital Assets etc) Act 2025 was enacted. The case shows that recognising digital assets as possible ‘third things’ does little to settle what legal consequences follow. In particular, it leaves unresolved whether: (i) interference with digital assets should constitute conversion, a conversion‐like tort, or should attract some other form of liability; (ii) whether such liability should be strict or fault‐based; (iii) how such liability can be reconciled with the rights of those who own the physical devices and ledgers through which digital assets are accessed or maintained; and (iv) how damages should be assessed in volatile and highly manipulated crypto‐markets. This note argues that the central issue is not whether digital assets can be labelled property, but rather what rights that label creates, against whom, and on what terms.
The authors' abstract, as published at the source. Modern Law Review, 2026 · DOI ↗
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Field: General Economics, Econometrics and Finance
General Economics, Econometrics and FinanceEconomics, Econometrics and Finance