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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 when cargo is damaged in transit. The cargo in question comprised

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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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