Digital Assets in Scots Private Law: Expert Reference Group

Overview

This group was established in 2019 to:

• provide legal clarification on Scotland’s path to accommodate digital assets within Scots private law which includes the status and treatment of crypto assets and related technologies
• in so doing, take into account wider UK initiatives which may impact Scotland and the Scottish FinTech sector
• provide advice to the Scottish Government on whether there is a need for legislation to accommodate digital assets in Scots private law and to communicate with the Scottish Government on consequential work

In addition to members meeting between 2019 and 2023, the ERG held a targeted stakeholder engagement exercise to gather a broad range of legal and technical perspectives.

The ERG reported its findings and recommendations to the Scottish Government on 11 November 2023.

Members

• Right Hon Lord Patrick Hodge, The Supreme Court of the United Kingdom (Chairperson)
• Prof David Fox, University of Edinburgh
• Heather Millar, abdrn
• Martin Sloan, Brodies
• Callum Sinclair, Burness Paul
• Nicola Anderson, FinTech Scotland
• Stephen Ingledew OBE, FinTech Scotland
• Professor Sarah Green, Law Commission of England and Wales
• Antony McFadyen, Law Society of Scotland
• Jill Clark, Scottish Government
• Laura Wilkinson, Scottish Government
• Lord Advocate, Scottish Government
• Linda Anderson, Scottish Government (Secretariat to ERG)
• Liam Hepburn, Scottish Government (Secretariat to ERG)
• Professor Andrew Steven, University of Edinburgh
• Professor Daniel Broby, University of Ulster

Publications