The following Dispute Resolution Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
The question of whether a deed can be witnessed remotely is a difficult one as the position at law is unclear. For the reasons that follow, it is likely to be in the best interests of the client to execute the settlement agreement in the physical presence of the witness, rather than remotely.
The Law Commission on Electronic Execution of Documents (Law Com No. 386) considers that there is no need for formal primary legislation to reinforce the legal validity of electronic signatures on documents, but states that the position in respect of remote witnessing of documents is less clear. Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) provides that an instrument is validly executed as a deed if, and only if, it is signed by an individual in the presence of a witness who attests the signature; or at their direction and in their presence and the presence of two witnesses who each attest the signature, and it is delivered as a deed.
The issue of what ‘in the presence of a witness’ means in the context of remote witnessing
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Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
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A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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