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Yearly Archives: 2019
Harry and Meghan take on the press – what is the likely outcome?
In the tempest of indignation, outrage and bluster triggered last week by the seemingly sudden decision by the Duke and Duchess of Sussex to shed royal timidity over litigation, one group was silent: their lawyers. Partners at both London law firms involved …
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From house chains to email chains – Are email signatures binding?
In a recent case (Neocleous v Rees [2019] EWHC 2462 (Ch)), the Court held that a binding contract for the disposition of land could be formed by a string of emails signed with a solicitor’s email signature. A contract for …
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Tagged email, Neocleous v Rees
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Email (House) Chain
In a recent case (Neocleous v Rees [2019] EWHC 2462 (Ch)), the Court held that a binding contract for the disposition of land could be formed by a string of emails signed with a solicitor’s email signature.A contract for the sale of land must include: offer, acceptance, consideration and intention to create legal relations (section 2 of the Law of Property (Miscellaneous Provisions) 1989 Act). It must also be in writing, incorporate all the terms that the parties have expressly agreed and must be signed by or on behalf of each party.In the case of the present email chain, the lawyers identified the land and included an agreed price. The key decision for the court was whether the emails were signed for the purpose of a sale of land contract. The Court held that that the emails were signed by the automatically generated email signature included at the bottom of emails. For these purposes, the Court held that the necessary requirements were met for the sale of land and to create a contract which was binding between their clients.The Defendant argued that the signature requirement had not been met. It was argued that because the email signature was automatically generated, it was not sufficient to bind a party to a contract. The Court rejected this argument.In support of its decision, the Court referred to a Law Commission consultation document on Electronic execution of documents, where it was stated (in a provisional view supported by case law) that an electronic signature is capable of meeting a statutory requirement for a signature if an ‘authenticating intention’ can be demonstrated.The Court noted that the ‘ordinary meaning’ of the word signature has changed and that the Court should be guided by recent case law and the Law Commission report.In this case, the Court considered that the email footer was sufficient to act as signing for the following reasons:The footer was present because of a conscious decision to insert the contents;the sender was aware that their name was being applied as a footer (and the sender could presume this);the use of ‘Many thanks’ before the footer, showed an intention to connect the name with the contents of the email; andthe name and contact details in the signature was in the conventional style of a document signature .The offer which was the subject of the email chain came as a settlement for a dispute involving a right of way. It is important to note that the Defendant client had given the solicitor instructions to accept the offer. The Defendant later attempted to renege on this settlement due to a technical difficulty in vacating a subsequent court hearing. ConclusionThere is arguably little danger in allowing contracts to be formed in this manner, as in the present case it can be shown that there was intention to create such a contract, it was in writing and it was concluded by a sign off from a solicitor.In this instance, as considered by the Court in the case, this interpretation is in line with the policy decision behind the 1989 Act, to avoid uncertainty.Though we should note the Court’s evolving view of signatures and be wary of what may constitute a signed and binding agreement.
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Collyer Bristow named as a leading firm in Legal 500 2020
Collyer Bristow is delighted to have been ranked in the latest 2020 edition of Legal 500 UK. Used as a reference guide by millions of people each year, the Legal 500 provides up-to-date information on law firms and lawyers from …
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Tagged directories, Legal 500, rankings
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Purchasing a private jet: The adviser’s perspective
Private aviation for businesses and family offices holds an obvious appeal. However, the purchase of a private business jet is a significant undertaking in more ways than the financial investment required alone. There are significant legal, commercial and technical ramifications …
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Tagged business jets, luxury assets, private jet, purchasing a private jet
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Can I create a trust fund for alternative investment profits?
I invest in alternative investments, including watches and jewellery, and am becoming quite successful. I would like to channel the profits into a trust for my two young children. Is this the best way to safeguard the money for them? …
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Tagged luxury assets, trusts, watches
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New Partner hire for Collyer Bristow’s Tax and Estate Planning team
Leading law firm, Collyer Bristow, has appointed James Austen as a Partner in the Tax and Estate Planning team. James has extensive experience acting for high net worth individuals, entrepreneurs and business owners. He has particular expertise in advising business …
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Tagged Disputes, James Austen, tax
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Selected artists announced for CB’s graduate art award exhibition: Exceptional
Collyer Bristow and curator Rosalind Davis are delighted to announce the selected artists for the 2019 Collyer Bristow Graduate Art Award: Exceptional. Jackie Berridge, Daisy Billowes, Kim Booker, Lena Brazin, Julie Caves, Fergus Cooper, Theo Ellison, Tom Faber, Nathaniel Faulkner, …
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Tagged art, art award, exceptional, gallery
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Up And Away – Everything you need to know about owning a private aircraft
The purchase of a business jet is a huge step for a client. Whilst the client will obviously be very excited about owning their new trophy asset, many will not realise the legal, commercial and technical ramifications involved in the …
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Should employers be aware of employee disabilities if they are not disclosed?
Many employers ask new recruits to complete a questionnaire declaring any disabilities they may have. Unfortunately, it’s not at all uncommon for employees to fail to answer this question accurately or avoid disclosing any disabilities, such as a history of …
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Tagged disability, employment
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