electronic mail – Page 4 – Current Awareness

Expert Evidence: A Cautionary Tale – Exchange Chambers

Posted April 1st, 2020 in chambers articles, civil procedure rules, documents, electronic filing, electronic mail, expert witnesses, Law Commission, news by sally

‘On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally valid if used in commercial and consumer documents. This declaration followed a Law Commission report, published in September last year, that looked at the electronic execution of documents, including deeds.’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

Check your Email Signatures! – Falcon Chambers

Posted April 1st, 2020 in chambers articles, contracts, electronic filing, electronic mail, Law Commission, news, sale of land by sally

‘As every property practitioner knows, s 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (the 1989 Act) requires a contract for the sale or other disposition of land to be ‘signed by or on behalf of each party’. Neocleous v Rees [2019] EWHC 2462 (Ch), [2019] All ER (D) 25 (Oct) was the first occasion on which the court was asked to determine whether an email footer satisfied the requirement for a signature in s 2(3). The issue arose in the context of an alleged compromise agreement between the parties to a property dispute, which was contained in an exchange of emails between their solicitors. Viewed in the wider context of the earlier authorities, and a recent Law Commission report, the decision encourages practitioners to consider how formality requirements in property transactions—and more generally—are now operating in an increasingly digital world.’

Falcon Chambers, 13th March 2020

Source: www.falcon-chambers.com

Email blocked by tribunal’s firewall not validly served – Litigation Futures

Posted March 12th, 2020 in appeals, electronic filing, electronic mail, news, service by sally

‘An email blocked by a firewall at the First-tier Tribunal (FTT) did not constitute valid service of an appeal, a judge has ruled.’

Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

BT account scammers jailed for £358k fraud – BBC News

Posted February 20th, 2020 in computer crime, conspiracy, electronic mail, fraud, news, sentencing by sally

‘Scammers who infiltrated BT customer accounts as part of a “sophisticated” £358,000 fraud have been jailed.’

BBC News, 19th February 2020

Source: www.bbc.co.uk

Solicitor faked email to cover inaction – Legal Futures

Posted February 14th, 2020 in deceit, disciplinary procedures, electronic mail, mental health, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Beware the exchange of emails – another example of a contract being agreed by mistake – Technology Law Update

Posted February 11th, 2020 in contracts, electronic mail, news by sally

‘Emails might be seen as informal, but they are just as capable of creating binding agreements as good old-fashioned pen and paper. The Business and Property Court recently reminded us of this in Athena Brands v Superdrug.’

Technology Law Update, 10th February 2020

Source: www.technology-law-blog.co.uk

Court of Appeal adopts dominant purpose test – Henderson Chambers

Posted February 5th, 2020 in airlines, appeals, chambers articles, disclosure, dispute resolution, electronic mail, legal services, news, privilege by sally

‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’

Henderson Chambers, 30th January 2020

Source: www.hendersonchambers.co.uk

Appeal court confirms ‘dominant purpose’ test for legal advice privilege – OUT-LAW.com

Posted February 5th, 2020 in airlines, appeals, disclosure, dispute resolution, electronic mail, legal profession, legal services, news, privilege by sally

‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’

OUT-LAW.com, 4th February 2020

Source: www.pinsentmasons.com

Important New Court of Appeal Decision on Legal Advice Privilege – Littleton Chambers

Posted February 4th, 2020 in disclosure, electronic mail, legal services, news, privilege by sally

‘The Court of Appeal decision on 28 January 2020 on legal advice privilege will be of significant interest to litigators and non-litigators alike. It will be particularly important for those responsible for disclosure reviews within litigation, and to organisations with in-house lawyers. Such was the significance of the issues at play that the Law Society sought, and was granted, leave to intervene in the appeal.’

Littleton Chambers, 29th January 2020

Source: www.littletonchambers.com

UK court allows Saudi dissident to sue kingdom over alleged hacking – The Guardian

Posted January 24th, 2020 in compensation, computer crime, electronic mail, human rights, interception, news, privacy, Saudi Arabia, telecommunications by sally

‘The high court has given a green light to a lawsuit against Saudi Arabia that has been brought by a prominent dissident living in London who has claimed he was the victim of a sophisticated hacking campaign by the kingdom.’

The Guardian, 23rd January 2020

Source: www.theguardian.com

Solicitors’ group tip-off leads to activist’s conviction – Legal Futures

Posted January 15th, 2020 in disciplinary procedures, electronic mail, fines, immigration, legal services, news, solicitors by sally

‘A campaigner who used her email address as a committee member of the Solicitors International Human Rights Group (SIHRG) to conduct unlawful immigration law work was convicted this week.’

Legal Futures, 15th January 2020

Source: www.legalfutures.co.uk

Court wellbeing protocol targets ‘last minute’ culture – Legal Futures

Posted January 14th, 2020 in electronic mail, family courts, news, working time by sally

‘Birmingham Family Court will today introduce a wellbeing protocol which aims to end a ‘last minute’ work culture that increases stress on practitioners outside of work hours.’

Legal Futures, 14th January 2020

Source: www.legalfutures.co.uk

Service of a Claim Form – What Mediums Can I Use? – Becket Chambers

Posted November 20th, 2019 in electronic filing, electronic mail, news, service, telecommunications by sally

‘This article provides an update on the mediums that one can serve a claim form and also some of the issues of serving a claim form with modern technology.’

Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

The law on email signatures moves forward – OUT-LAW.com

Posted November 14th, 2019 in electronic mail, Law Commission, news by sally

‘Electronic signatures automatically generated at the bottom of emails can bind businesses to contracts. Though the law remains subject to change, a recent court ruling and separate report by the Law Commission in England and Wales highlight how emails are no longer as informal as they used to be.’

OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com

Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) – Hardwicke Chambers

Posted October 31st, 2019 in contracts, electronic mail, news, rights of way, sale of land by sally

‘Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the 1989 Act’) provides that a contract for the sale or other disposition of an interest in land can only be made in writing. Under section 2(3), the documents incorporating the terms must be signed by or on behalf of each party to the contract.’

Hardwicke Chambers, 15th October 2019

Source: hardwicke.co.uk

In-house lawyer cannot rely on leaked email for discrimination claim – Legal Futures

Posted October 23rd, 2019 in anonymity, appeals, disciplinary procedures, disclosure, electronic mail, employment tribunals, interpretation, news, privilege, redundancy, solicitors, unfair dismissal by sally

‘A former senior in-house lawyer at Shell cannot rely on a leaked internal email or an overheard pub conversation in his discrimination claim against the company, the Court of Appeal has ruled.’

Legal Futures, 23rd October 2019

Source: www.legalfutures.co.uk

E-mail footer counted as signature for property contract – Legal Futures

Posted October 1st, 2019 in contracts, electronic filing, electronic mail, land registration, news, solicitors by sally

‘A solicitor’s automated email sign-off sufficed as a ‘signature’ for the purposes of a contract involving the disposition of an interest in land, the High Court has ruled.’

Legal Futures, 30th September 2019

Source: www.legalfutures.co.uk

Automatic email sign-off counts as signature, rules High Court – Law Society’s Gazette

Posted September 26th, 2019 in compromise, contracts, electronic mail, news, solicitors by sally

‘The High Court has ordered that a compromise contract be completed after ruling that a solicitor’s automatic email sign-off was proof of signature.’

Law Society's Gazette, 25th September 2019

Source: www.lawgazette.co.uk

Emails treated as ‘without prejudice’ can be used for costs – Litigation Futures

Posted September 12th, 2019 in arbitration, costs, electronic mail, news, without prejudice communications by sally

‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’

Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

Narrow escape for defendants who failed to notice particulars of claim – Litigation Futures

Posted September 12th, 2019 in civil procedure rules, default judgments, electronic mail, news, service, setting aside, solicitors by sally

‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’

Litigation Futures, 12th September 2019

Source: www.litigationfutures.com

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