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Rise of the machines (Pt 2)

31 March 2017 / Malcolm Dowden
Issue: 7740 / Categories: Features , Profession , Technology , Commercial
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Malcolm Dowden & Kizzie Fenner examine the evidential potential of the Internet of Things & the benefits of smart contracts

  • IoT sensors can plug the evidential gap for goods damaged in transit.
  • Data from IoT sensors can support more flexible contracting, with price dynamically adjusting with conditions.

Around 90% of world trade is carried by sea. International law governing the carriage of goods has evolved over centuries. Today, international treaties, conventions, the common law and national statutes all play a part. While their application and nuances have been explored by courts and tribunals around the world, issues of legal principle, as well as of commercial, practical significance remain unresolved.

A recent decision of the English Court of Appeal suggests that those areas of doubt and controversy are also areas of significant opportunity for “smart contracts” and the “internet of things” (IoT).

Shifting burden of proof

In Volcafe v CSAV [2016] EWCA Civ 1103, [2016] All ER (D) 87 (Nov) the Court of Appeal considered where the burden of proof lies

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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