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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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