View article

I respond here to questions within the Electronic Trade Documents (2021) Law Commission Consultation Paper No 254, and the Digital Assets call for evidence. I deal with these together, as the latter proposes to consider whether criteria similar to those proposed within the former “could identify certain other digital assets as being possessable”. Throughout, I use the term “non-digital physical assets” to label those assets which we traditionally think of as the object of possessory rights, and the term “possessable digital assets” to label those assets which are the subject of these proposals. My comments are directed towards:(i) the proposed criteria for possessable assets; and (ii) the scope of liability for interference with digital assets.