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Yours virtually...

06 May 2010 / Alison Bull
Issue: 7416 / Categories: Features , Family
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Alison Bull reports on the use of virtual signings & closings in the family courts

The decision in Mercury v HMRC (2008) (R (on the application of Mercury Tax Group Ltd and another) v HMRC and others [2008] EWHC 2721 (Admin), [2008] All ER (D) 129 (Nov)) has generated academic debate around virtual signings or closings in a commercial context, and guidance from various interested parties, including the Law Society Company Law Committee.
This article considers the relevance of this in respect of the execution of documents in a family law context.

When does the issue arise?

It can arise in a family law context in relation to the following documents:
(i) Sworn statements; eg Forms E, special procedure affidavits, s 25 statements.
(ii) Unsworn statements; eg Children Act or CPR witness statements.
(iii) Deeds; such as pre- or post-marital agreements (PMAs) and cohabitation contracts.
(iv) “Simple” contracts (not involving dispositions of land).

Mercury v HMRC

Until the High Court decision in Mercury v HMRC, signature pages of documents were often signed in advance to be transferred to the engrossed final

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