header-logo header-logo

11 March 2020 / Jamie Sutherland , Imogen Dodds
Issue: 7878 / Categories: Features , Property , Profession
printer mail-detail

Check your email (signatures)!

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll