Q&As

Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?

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Produced in partnership with Richard Colbey of Lamb Chambers
Published on LexisPSL on 14/01/2019

The following Family Q&A produced in partnership with Richard Colbey of Lamb Chambers provides comprehensive and up to date legal information covering:

  • Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 do not address the issue of electronic signatures directly, although CPR are clear on the point, with CPR 5.3 providing that:

‘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.’

Where that applies, CPR PD 5A, para 1 requires that the name of the person whose signature is printed must be set out clearly along with the signature so that the person may be identified (save in relation to claim forms issued through the Claims Production Ce

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