header-logo header-logo

Check your email (signatures)!

11 March 2020 / Jamie Sutherland , Imogen Dodds
Issue: 7878 / Categories: Features , Property , Profession
printer mail-detail
17349
Jamie Sutherland & Imogen Dodds consider electronic signatures & formality requirements
  • The High Court decides that an email footer can be a ‘signature’ creating a binding contract for sale of land.
  • Its decision coincides with a Law Commission report recognising the legal effect of electronic execution of documents.
  • The test is whether the ‘signature’ was inserted with the intention of authenticating the document.

As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll