Electronic Signature in UK Law

Leading Cases
  • Golden Ocean Group v Salgaocar Mining Industries PVT Ltd and another
    • Court of Appeal (Civil Division)
    • 09 Março 2012

    It was common ground both before the judge and before us that an electronic signature is sufficient and that a first name, initials, or perhaps a nickname will suffice. In my judgment Mr Hindley put his name, Guy, on the email so as to indicate that it came with his authority and that he took responsibility for the contents. I have no doubt that that is a sufficient authentication.

  • Golden Ocean Group v Salgaocar Mining Industries PVT Ltd and another
    • Queen's Bench Division (Commercial Court)
    • 21 Janeiro 2011

    The disclosure ordered by Walker J herein has revealed that since 2005 Howe Robinson has fixed around 125 vessels on Mr Salgaocar's instructions with Trustworth as charterers. Of those 43 fixtures 36 involved guarantees in the same form as in the present case namely by a single line in the charterparty. In January and February 2008 Howe Robinson concluded 15 other fixtures on Mr Salgaocar's instructions, three of which were guaranteed by SMI.

    I do not accept Mr Kimmins' submission that the characteristic performance of a warranty of authority contract is the provision of the warranty. The provision of the warranty is the promise, not the performance of it. A person who warrants his authority warrants that a state of affairs exists. The warranty is fulfilled if he has the authority which he claims to have.

  • Lindsay v O'Loughnane
    • Queen's Bench Division
    • 18 Março 2010

    Given that I have found that the claim in deceit succeeds, it is not strictly necessary to decide whether this is an appropriate case in which to pierce the corporate veil and permit a claim which should otherwise be pursued against the company to be pursued against the defendant.

  • Obrascon Huarte Lain SA v HM Attorney General for Gibraltar
    • Queen's Bench Division (Technology and Construction Court)
    • 16 Abril 2014

  • Zavarco UK Plc v Ranjeet Singh Sidhu
    • Chancery Division
    • 14 Junho 2021

    As I have noted, to fall within s594, the arrangement needed to be for both the transfer of ZB shares and the allotment of Z plc shares. ii) was that the nature of the arrangement could not be set out with any coherence. It could not have made any such direction since no-one knew how many shares (if any) RSS and TSSY were to hold for OFSB.

    I am prepared to accept that the value of shares in some companies can safely be ascertained by reference to audited accounts. For example, if a company's audited accounts show that its sole asset consists of a holding of £10 million in nominal amount of UK government gilts, and that it has no liabilities or other activities, it could safely be inferred that the value of its issued share capital is equal to that of the gilts the company holds.

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Legislation
  • Coronavirus (Scotland) (No.2) Act 2020
    • Scotland
    • 01 de Janeiro de 2020
    ... ... 2022/261), regs. 1, 17(1)(a)(2) ... PART 5: Bankruptcy ... Electronic service of documents ... (8) ... 9(1) ... Electronic signature of forms ... (13) ... ...
  • The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016
    • UK Non-devolved
    • 01 de Janeiro de 2016
    ... ... , a qualified certificate issued pursuant to regulation 2 of the 2002 Regulations is to be treated as a qualified certificate for electronic signature pursuant to Article 3(15) of the eIDAS Regulation until it expires ... Consequential amendments ... Schedule 3 has effect ... (1) The Secretary ... ...
  • The National Health Service (Charges for Drugs and Appliances) Regulations 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ... ... (1) In these Regulationsthe 2000 Act means the Electronic Communications Act 2000 ;the 2006 Act means the National Health Service ... as the Secretary of State may determine;advanced electronic signature means an electronic signature which is(a) uniquely linked to the ... ...
  • The Utilities Contracts Regulations 2016
    • UK Non-devolved
    • 01 de Janeiro de 2016
    ... ... of products or the provision of services on the market;F27“electronic document” has the meaning given in Article 3(35) of Regulation (EU) No ... optical means or by other electromagnetic means;F28“electronic signature” has the meaning given in Article 3(10) of Regulation (EU) No 910/2014 ... ...
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Books & Journal Articles
  • French legal framework of digital evidence
    • No. 25-1, March 2015
    • Records Management Journal
    • 96-106
    Purpose: – The purpose of this article is to describe the development of the French legal framework of digital evidence. The ongoing transformations of information in an electronic environment reco...
    ... ... The ongoing transformations of information in an electronic environmentreconsidered xity and stability of writing. The society ... Directive 1999/93/ECC (European Commission, 1999)ondigital signature, the law 2000-230 (France, 2000 Act 2000-230) recognizes the legalvalue of ... ...
  • Assessing Certification Authorities: Guarding the Guardians of Secure E‐commerce?
    • No. 9-3, March 2002
    • Journal of Financial Crime
    • 217-226
    Electronic commerce denotes the use of electronic means, usually the Internet, for creating and often fulfilling contracts without the use of face‐to‐face encounters. In recent years many countries...
    ... ... Backhouse IMPORTANCE OF IDENTITY AUTHENTICATION IN E-COMMERCE Electronic commerce denotes the use of electronic means, usually the Internet, for ... countries have passed legislation to render to the electronic signature the same significance in contract formation as the traditional ... ...
  • The Legal Recognition of Electronic Signatures in South Africa: A Critical Overview
    • No. , October 2013
    • African Journal of International and Comparative Law
    • 427-446
    ... ... and facilitate secure commercial transactions in the electronic environment. An electronic signature can be defined as: ... data in electronic form in, affixed to or logically associated with, a data message, which may be used to identify the ... ...
  • The Internet and Regulatory Responses in Ethiopia: Telecoms, Cybercrimes, Privacy, E-commerce, and the New Media
    • No. 9-1, January 2015
    • Mizan Law Review
    • Kinfe Micheal Yilma - Halefom Hailu Abraha
    • Kinfe Micheal Yilma (LLB, Addis Ababa University; LLM, University of Oslo; LLM, Brunel University London). The author was formerly a Lecturer-in-Law at Hawassa University. Currently, he works as an independent consultant and researcher. - Halefom Hailu Abraha (LLB, Mekelle Univeristy; LLM, University of Southampton). The author currently serves...
    • 108-153
    Whilst Ethiopia has telephone services since 1894 − not long after its invention−, the history of the Internet in Ethiopia is less than two decades old. The prototype Internet with limited accessib...
    ... ... Certification Authority ... Draft Electronic Signature Law Draft Electronic Transactions Law Denial of Service Attacks ... ...
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Law Firm Commentaries
  • The Land Registry announces that it will begin accepting some electronic signatures
    • JD Supra United Kingdom
    The Land Registry has announced that, until further notice, it will now accept electronic signatures generated by electronic signature platforms for certain registrable deeds. This is a significant...
    ...The Land Registry has announced that, until further notice, it will now accept electronic signatures generated by electronic signature platforms for certain registrable deeds. This is a significant development that promises to revolutionise real estate legal practice in England and ... ...
  • Electronic signatures confirmed in UK
    • LexBlog United Kingdom
    Everyone involved in agreements governed by English law will be pleased to hear that the UK Law Commission has confirmed that an electronic signature can be used to execute an English law document ...
    ...Everyone involved in agreements governed by English law will be pleased to hear that the UK Law Commission has confirmed that an electronic signature can be used to execute an English law document (including a deed) if: the person signing the document intends to authenticate the document; and any ... ...
  • A guide to signing Scots law documents electronically
    • JD Supra United Kingdom
    The last couple of years have seen a sharp increase in electronic signing of documents by Scottish businesses in response to remote working. Two other factors are driving growth in use in 2022: (i)...
    ... ... %3D?AWSAccessKeyId=ASIA5PHC3MTP3GHKR5JG&Expires=1714021545&Signature ... What is an elect ronic sig natur e? Electronic signature is the signing of a document in electronic form by electronic ... ...
  • Electronic execution: another “new normal”?
    • JD Supra United Kingdom
    Electronic signatures and virtual signings (using the Law Society guidance following the “Mercury” Tax case) have been gaining popularity for some time with electronic execution given an added boos...
    ... ... It is possible to witness an electronic signature, but the witness must be physically present ... Electronic signatures are capable of satisfying a statutory requirement for a signature ... ...
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Forms
  • Make a disclosure report
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... may be found, and in the case of electronic documents how the same are stored ... Document description ... Where it ... ...
  • fast track or multi-track: Form N181
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... D3. Disclosure of electronic documents (multi-track cases only) ... If you are proposing that the claim ... ...
  • Application to be released on SIAC bail (SIAC B1)
    • HM Courts & Tribunals Service court and tribunal forms
    Special Immigration Appeals Commission forms including notice of appeal.
    ... ... If bail is granted, I will pay a deposit of £ ... Electronic monitoring – if bail is granted and electronic monitoring is ... If appropriate, do you consent to the above? ... Applicant’s signature and date ... Name of the Applicant ... Please use CAPITAL LETTERS ... ...
  • Apply to extend a representation order
    • HM Courts & Tribunals Service court and tribunal forms
    Crown Court forms including the form to extend a representation order.
    ... ... prosecution evidence ... (If there is electronic evidence ... please provide further details) ...   ... Trial Advocate ...   ... Signature ... Trial Advocate ...   ... Date ...   ... ...
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