Electronic Signature in UK Law

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

    The Statute of Frauds 1677 ("the Statute") was "An Act for prevention of Frauds and Perjuries. Section 4 thereof prohibited the bringing of actions in respect of certain transactions "unless the agreement upon which such Action shall be brought or some Memorandum or Note thereof shall be in Writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorised".

    But the guarantee was an integral part of the charterparty and was contained within its terms as summarised in the recap. Had it done so the owners would have had the opportunity of stipulating that they too were not to be bound until execution of a formal document, either incorporating the guarantee or concluded only after its separate issue.

    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. I do not accept Mr Kendrick's first argument. 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.

  • Independent Trustee Service Ltd v GP Noble Trustees and Others
    • Chancery Division
    • 14 Dic 2010

    That is not to say that a final order can be set aside by a Judge willy nilly. It is a matter of discretion to be exercised according to the particular circumstances of the case. That in my mind is all that the Court of Appeal Judges to which I have referred say when they support Patten J's judgment. They say in effect as regards final orders it would be hardly ever appropriate to set aside a final order.

  • Alan Bates and Others v Post Office Ltd
    • Queen's Bench Division
    • 15 Mar 2019

    No single one of the above list is determinative, with the exception of the first one. This is because if the express terms prevent the implication of a duty of good faith, then that will be the end of the matter. However, many of these characteristics will be found to be present where a contract is a relational one. In other cases on entirely different facts, it may be that there are other features which I have not identified above which are relevant to those cases.

  • R (SK (Zimbabwe)) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 26 Ene 2008

    So, following the 28 day review on 6 April 2006, there should have been monthly reviews in each of the remaining 9 months in 2006, in each of the 12 months in 2007 and, finally, on 6 January 2008. Leaving on one side the reviews which should have taken place between 10 and 30 March 2006, there should therefore, in all, have been 22 monthly reviews, the first on 6 April 2006 and the most recent on 6 January 2008.

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

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Legislation
  • The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... the “1998 Act” means the Data Protection Act 1998 5 ; . the “2002 Regulations” means the Electronic Signatures Regulations 2002 6 ; . “eIDAS Regulation” means Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic ......
  • Electronic Communications Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ......Part II . Facilitation of electronic commerce, data storage, etc. . S-7 . Electronic signatures and related certificates. 7 Electronic signatures and related certificates. . (1) In any legal. proceedings— . . (a) an electronic signature ......
  • The Electronic Documents (Scotland) Regulations 2014
    • Scotland
    • 1 de Enero de 2014
    ......"the 1995 Act" means the Requirements of Writing (Scotland) Act 1995;. "the 2002 Regulations" means the Electronic Signatures Regulations 2002( 2);. "advanced electronic signature" means an advanced electronic signature as defined in regulation 2 of the 2002 Regulations; ......
  • Representation of the People (Scotland) Regulations 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ....... Communication of applications, notices, etc. . . . 6. . Electronic signatures and related certificates . . . 7. . Copies of documents . ......
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Books & Journal Articles
  • French legal framework of digital evidence
    • Núm. 25-1, Marzo 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?
    • Núm. 9-3, Marzo 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 Internet and Regulatory Responses in Ethiopia: Telecoms, Cybercrimes, Privacy, E-commerce, and the New Media
    • Núm. 9-1, Enero 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 ......
  • Evolution of e‐records management practices in e‐government. A Turkish perspective
    • Núm. 27-6, Noviembre 2009
    • The Electronic Library
    • 999-1009
    Purpose: This study aims to evaluate the new aspects of records management practices introduced by the start of the provision of public services in the electronic environment. Design/methodology/a...
    ...... the start of the provision of public services in the electronic environment.Design/methodology/approach – A survey method was used in ....Keywords Records management,Archives, Electronic media,Digital signatures, TurkeyPaper type Research paperIntroductionIn more recent times, many ......
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Law Firm Commentaries
  • 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 ...
  • 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...
  • 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...
    .... Summary. Electronic signatures and virtual signings (using the Law Society guidance following the “Mercury” Tax case) have been gaining popularity for some time with electronic ......
  • COVID-19 and "Electronic" Execution of English Law Documents
    • JD Supra United Kingdom
    In light of the on-going Covid-19 pandemic, many organisations are implementing remote working policies and limiting access to offices in order to effect social distancing measures. Notwithstandin...
    ...... would be by attending physical signing meetings, or following “Mercury compliant” Law Society signing guidelines which prescribe for signature pages to be printed out and PDF scanned copies of the hard copy signature pages to be emailed to their lawyers and released in due course. ......
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