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Cyber law will be pivotal in shaping the future regulatory and litigation landscape, but what challenges and opportunities can we expect to see in 2022? To end this special series, 36 Commercial share their expert reflections and predictions on this fascinating area of law
Could digital currencies be a catalyst for a financial disaster? Gelu Maravela & Daniel Alexie report
What does the coming year hold for cyber law? In an NLJ special, seven members of 36 Commercial share their expert reflections and predictions on this most salient area of development. As Dean Armstrong QC notes, the practice of cyber law is ‘quite simply, fascinating’.
An extra clause addressing affirmative cyber cover is to be added to the minimum terms and conditions for professional indemnity insurance, the Solicitors Regulation Authority (SRA) has announced
The Solicitors Regulation Authority (SRA) has announced that a new clause will be added to the minimum terms and conditions (MTCs) for law firms’ professional indemnity insurance policies to address affirmative cyber cover
Andrew Stafford QC & James Chapman-Booth explore the tort of conversion in the digital age
Dean Armstrong QC & Paul Schwartfeger, 36 Commercial, consider how organisations can & should respond to erasure requests on blockchain
To what extent does the right to be forgotten apply to blockchain, the technology behind Bitcoin and other ledger-based systems? Not only is it technically impossible but, following the end of the post-Brexit transition period, the EU General Data Protection Regulation (GDPR) no longer strictly applies (although the GDPR’s provisions have been incorporated into domestic law).
Mark Engelman on racism & publishers’ responsibilities
The racist slurs aimed at England footballers Marcus Rashford, Jadon Sancho and Bukayo Saka after the team’s Euro final defeat has appalled the nation
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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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