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29 November 2021
Issue: 7959 / Categories: Legal News , Profession , Technology
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Smart contracts are legal & viable, Law Commission confirms

The Law Commission has confirmed that smart legal contracts can be accommodated by existing law, and there is no need for statutory law reform
While some incremental development of the common law may be required in some contexts, the current legal framework is sufficiently robust, the Commission concluded last week. To avoid any potential difficulties, however, it encouraged parties to include express terms such as clauses allocating risk in relation to the performance of the code, and setting out clearly the relationship between any natural language and coded components.

The Law Commission also published a short update paper on its work on cryptoassets and other digital assets. It explains that the Commission’s work will address different sub-categories of digital assets, and will consider whether certain digital assets might be most accurately categorised within a third category of property, distinct from the existing categories of tangible property (things in possession) and intangible property (things in action).

Professor Sarah Green, the Law Commissioner for the Commercial and Common Law Team, said: ‘Smart legal contracts could revolutionise the way we do business, particularly by increasing efficiency and transparency in transactions.

‘We have concluded that the current legal framework is clearly able to facilitate and support the use of smart legal contracts; an important step in ensuring increased recognition and facilitation of these agreements. Our related work on digital assets and conflict of laws will further establish England and Wales as a global leader for technological innovations in the digital sphere.’

A Law Society spokesperson said: ‘It’s a thoughtful analysis of the legal issues relating to digital commerce and makes a key contribution to ensuring the UK remains the best destination for digital business in future.’

 

Issue: 7959 / Categories: Legal News , Profession , Technology
printer mail-details

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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