On or around 24 September 2021, the Claimant was gifted various NFTs (representing digital artworks) to her OpenSea wallet. Osbourne (the “ Claimant”), based in England, opened and maintained a crypto asset account with OpenSea, the trading name of Ozone Networks Incorporated (“ Ozone”), a US-based peer-to-peer NFT marketplace. The case confirms that it is possible for victims of NFT fraud to access the English courts for legal recourse, including in situations where the defendants are unknown – a common feature of the seemingly anonymous world of crypto assets. In Lavinia Deborah Osbourne v Persons Unknown, Ozone EWHC 1021 (Comm), the High Court (His Honour Judge Pelling QC) confirmed that there is “ at least a realistically arguable case” that non-fungible tokens (“ NFTS”) are capable of being treated as legal property under the law of England and Wales (at ).
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