header-logo header-logo

06 May 2010 / Alison Bull
Issue: 7416 / Categories: Features , Family
printer mail-detail

Yours virtually...

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll