header-logo header-logo

29 December 2020
Categories: Legal News , Commercial , Technology
printer mail-detail

Reforming smart contracts

The Law Commission has issued a call for lawyers’ views on smart contracts while it considers reform

Smart contracts are growing in popularity and widely believed to increase efficiency and certainty in business. However, the Commission says there are questions about the circumstances in which they become legally binding, how they are interpreted, what mistakes might occur and the remedies available.

A smart contract is a legally binding contract in which some or all of the contractual obligations are recorded in or performed automatically by a computer program deployed on a distributed ledger.

Professor Sarah Green, Law Commissioner for commercial and common law, said: ‘Smart contracts promise to revolutionise the way we do business.

‘However, there are lingering uncertainties about how English contract law applies to smart contracts. We believe there is a compelling case for reviewing the law in this area to ensure that the jurisdiction of England and Wales remains a competitive choice for businesses using this emerging technology.’

In particular, the Commission is seeking views on the definition of smart contracts, how they may be used, their potential benefits and associated costs, formation, interpretation, remedies, consumer protection and jurisdiction issues.

Views are invited up to 31 March 2021, and the Commission aims to publish its scoping study in late 2021. Find out more at: www.lawcom.gov.uk/project/smart-contracts.

Categories: Legal News , Commercial , Technology
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll