Virtually Everything | Series 3, Episode 8 | UK Digital Assets Bill

Digital assets are reshaping the legal landscape, but where do they sit under English law?

In this episode of Virtually Everything, Lucy Nash and Vyasna Mahadevey are joined by Elisabeth Wagner from our London office to explore the UK’s proposed Property (Digital Assets etc) Bill^₁.

The Bill aims to confirm that digital or electronic assets can be recognised as a third category of personal property under English law. While English Courts have already taken steps to fill the gap through case law, statutory reform is designed to provide clarity and flexibility as technology evolves. Elisabeth explains why this matters, and what it means for businesses and investors.

The discussion looks at the traditional categories of personal property and why digital assets do not fit neatly into them. It examines how courts have approached cryptocurrencies and NFTs to date, the role of the Law Commission in recommending reform, and the practical implications for enforcement, remedies and ownership rights. The Bill does not provide all the answers, but it is a significant step forward. The UK is among the first jurisdictions to formally recognise digital assets in law, paving the way for innovation while maintaining legal certainty.

Listen now to understand how the Bill could impact your organisation, what types of assets might fall within scope, and the criteria courts will use to assess whether a digital asset constitutes property. For further information as to the Property (Digital Asset etc) Bill, please see: The Property (Digital Assets etc) Act 2025 - What it means for crypto assets.

This podcast forms part of the Virtually Everything podcast series. To find out more about the topics discussed in the series, please visit our dedicated Digital Assets and Blockchain page.

_{^{1.This podcast was recorded ahead of time. The Bill has now passed through both Houses and received Royal Assent as of 2 December 2025. It now constitutes an Act.}}