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14 June 2024 / Simon Cohen
Issue: 8075 / Categories: Features , Profession , Technology , Jurisdiction , Career focus
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Digital nerve centre

The common law gives England & Wales the flexibility to be a technology hub—and the draft digital assets Bill reinforces that, writes Simon Cohen
  • The Law Commission is seeking to cement England and Wales as the leading jurisdiction for digital assets law and disputes.
  • The draft Property (Digital Assets etc) Bill would put a third category of personal property on a statutory footing.

Steeped in history (English legal memory began in 1189) and always forward-looking, English common law has repeatedly proven itself permissive, adaptable, commercially minded and—crucially—certain.

These are the reasons why common law systems across the world (all of which have their origins in English law) have the advantage over the fixed and rigid (some might argue sclerotic) codified systems of law that are prevalent in, among other places, continental Europe. It is the reason why entrepreneurs and businesses with no connection with Britain, and whose arrangements may have little to no nexus with these shores, repeatedly choose to have their commercial agreements governed by English law and

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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