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11 March 2020 / Jamie Sutherland , Imogen Dodds
Issue: 7878 / Categories: Features , Property , Profession
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Check your email (signatures)!

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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

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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