Q&As

Can all court documents be signed electronically? Is the position different in respect of insolvency proceedings?

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Published on LexisPSL on 10/04/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can all court documents be signed electronically? Is the position different in respect of insolvency proceedings?
  • CPR
  • Commentary
  • Insolvency proceedings

CPR

The CPR 5.3 states:

'5.3 Signature of documents by mechanical means

Where any of these Rules or any practice direction requires a document to be signed, that requirement shall be satisfied if the signature is printed by computer or other mechanical means.'

This demonstrates the wide scope of the application of CPR 5.3.

CPR PD 5A, para 1 provides:

'SIGNATURE OF DOCUMENTS BY MECHANICAL MEANS

1 Where, under rule 5.3, a replica signature is printed electronically or by other mechanical means on any document, the name of the person whose signature is printed must also be printed so that the person may be identified. This paragraph does not apply to claim forms issued through the Claims Production Centre.'

Commentary

In respect of the meaning of CPR 5.3, the Signature of documents by mechanical means: The Civil Court Practice (The Green Book) [CPR 5.3 [1]] states that:

'This Rule facilitat

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