The following Commercial practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus (COVID-19) outbreak. For updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) toolkit. For links to resources when considering remote execution of documents when parties are not able to meet in person because of social distancing and self-isolation as a result of coronavirus, see also: Coronavirus (COVID-19)—remote execution of documents resources—checklist.
An electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an electronic document.
This Practice Note considers:
what is an electronic signature?
admissibility of electronic signatures under the law of England and Wales
statutory requirements—‘in writing’, ‘signed’ and ‘under hand’ in England and Wales
electronic signatures and Retained Regulation (EU) 910/2014, the UK eIDAS Regulation
conflicts of law issues and other considerations
frequently asked questions
This Practice Note focuses on the general position under the law of England and Wales regarding commercial contracts in a business to business context. Readers should note that specific issues may arise in particular transactions, for example as a result of laws applicable to consumers.
The basic statutory definition of an electronic signature (discussed below) is broad and requires only that one set of data be attached to another set of data for
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The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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