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

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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