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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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