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Category: Private Law

The Children (Scotland) Bill – improving children’s participation rights?

By Gillian Black, Senior Lecturer in Family Law, University of Edinburgh

In September 2019, the Scottish Government published the Children (Scotland) Bill, introduced by Justice Secretary Humza Yousef. This Bill is, in part, a response to the detailed and lengthy consultation on the Children (Scotland) Act 1995 carried out by the Scottish Government over the summer of 2018, seeking input on a wide range of matters concerning children and families. The Bill started its progress through Parliament in November 2019, under the lead of the Justice Committee.

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Monetary value, legal tender and cryptocurrencies

By David Fox, Professor of Common Law, University of Edinburgh

In 2018 the Governor of the Bank of England, Mark Carney, pronounced that cryptocurrencies were “failing” as money. Their extreme volatility against state-issued fiat currencies, like sterling or the US dollar, proved they were inefficient stores of monetary value. Storing value through time is one of the main functions of money.

Mr Carney’s comments raise important questions for lawyers. Does the law have a distinctive conception of monetary value, and is there any difference in how it might apply to a privately-created cryptocurrency compared with a state-issued fiat currency?

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