Q: Why is the Law Commission’s latest proposal important for victims of crypto scams?
A: The Law Commission’s June 2025 proposal introduces freestanding information orders — a new legal tool that allows victims to access critical information about their stolen crypto assets before committing to a costly legal claim. This could be a game-changer, reducing upfront financial risk and widening access to justice for victims who’ve lost life savings, pensions, or even homes.
Q: What problem is this reform trying to solve?
A: Currently, to access disclosure from crypto exchanges (like Binance or Coinbase), victims must file a full-blown lawsuit under Civil Procedure Rule 25(b). That means naming a defendant, making a legal claim, and being prepared to fund litigation without knowing if recovery is even viable. For most, that’s simply not possible.
Q: What exactly is a freestanding information order?
A: It’s a proposed court order that lets victims access key details—like wallet owners, IP addresses, and balances—before launching a full claim. Think of it as unlocking the first door in a legal maze: it allows you to see whether there’s a path forward without gambling with more money.
Q: Why is this especially relevant to financial advisers and planners?
A: Advisers are on the frontline. Clients may turn to you after being scammed or may be at risk of crypto fraud. Understanding this reform equips you to point clients toward safer legal recourse and helps you support those navigating crypto recovery efforts—without inadvertently escalating their losses.
Q: What kinds of scams are we talking about?
A: Social engineering scams—like “pig butchering”—are rising fast. Fraudsters pose as trusted contacts or crypto platforms, gain trust, and then convince victims to transfer large sums under the illusion of investment gains. In 2024 alone, losses from crypto scams hit ÂŁ7.3 billion globally.
Q: What are the key conditions a court would look for before granting a freestanding information order?
A:
- Evidence of wrongdoing – The victim must show something suspicious occurred.
- Disclosure necessity – The information must be vital to determine whether a legal claim can proceed.
- Jurisdictional connection – There must be a meaningful link to England or Wales.
- No other suitable court – The order can’t reasonably be sought elsewhere.
Q: How would this reform help victims in real terms?
A: It drastically lowers the financial and procedural barriers that currently deter most victims from seeking justice. Victims could begin to investigate who took their funds, whether recovery is viable, and whether further action is justified—all without spending tens of thousands of pounds upfront.
Q: What’s the broader significance of this move for financial justice?
A: This proposal marks a shift in legal thinking—from protecting institutions to empowering individuals. It’s aligned with the principles of access to justice, financial transparency, and consumer protection. In the age of decentralised finance, we need centralised accountability—and this is a step in that direction.
Q: When will this become law?
A: The Law Commission’s consultation runs until 8 September 2025. If the proposal is supported by government and stakeholders, the reform could be enacted within the next legislative cycle. Legal firms, campaigners, and citizen investigators are encouraged to respond.
Q: How can victims or advisers act now?
A:
- Spread awareness: Share news of this proposal with clients and networks.
- Support the consultation: Submit your views to the Law Commission before the September deadline.
- Document everything: Victims should collect wallet addresses, transaction IDs, emails, and screenshots—this evidence is critical if and when new tools like freestanding orders become available.
- Seek guidance: Free to need services like Get SAFE and networks like the Transparency Task Force can offer pre-legal support.
Q: Final thoughts?
A: This reform isn’t just a technical change—it’s a lifeline for victims. For too long, only the wealthy could afford to pursue stolen digital assets. The Law Commission’s proposal could rebalance that power dynamic. It’s time to put tools in the hands of the people—not just the platforms.
About Get SAFE
Get SAFE (Support After Financial Exploitation) was born from a simple truth: too many victims of financial abuse are left to suffer in silence.
We exist for people like Ian—for the ones who did everything right, only to be failed by the systems they trusted. We know that behind every vanished pension, every ignored complaint, and every stonewalled letter is a person—frightened, exhausted, and too often alone.
Get SAFE offers more than sympathy. We offer structure, support, and solidarity.
We provide a voice where there’s been silence, and clarity where there’s been confusion.
We stand beside those who have been exploited, not just to help them recover—but to help them reclaim their story and rebuild their future.
Because financial justice is not a luxury.
It’s a human right.
If you or someone you know has been affected by financial exploitation, we are here.
You are not alone.
Learn more at: Get SAFE (Support After Financial Exploitation).
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