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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—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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