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31 March 2017 / Malcolm Dowden
Issue: 7740 / Categories: Features , Profession , Technology , Commercial
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Rise of the machines (Pt 2)

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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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From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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