Alison Bull reports on the use of virtual signings & closings in the family courts
The decision in Mercury v HMRC (2008) (R (on the application of Mercury Tax Group Ltd and another) v HMRC and others [2008] EWHC 2721 (Admin), [2008] All ER (D) 129 (Nov)) has generated academic debate around virtual signings or closings in a commercial context, and guidance from various interested parties, including the Law Society Company Law Committee.
This article considers the relevance of this in respect of the execution of documents in a family law context.
When does the issue arise?
It can arise in a family law context in relation to the following documents:
(i) Sworn statements; eg Forms E, special procedure affidavits, s 25 statements.
(ii) Unsworn statements; eg Children Act or CPR witness statements.
(iii) Deeds; such as pre- or post-marital agreements (PMAs) and cohabitation contracts.
(iv) “Simple” contracts (not involving dispositions of land).
Mercury v HMRC
Until the High Court decision in Mercury v HMRC, signature pages of documents were often signed in advance to be transferred to the engrossed final form document ready for completion.
Then came the Mercury case.
