Documents signed or executed with electronic signatures in English law

摘要

There remains concern among solicitors about the evidential weight of electronic documents, including document systems that are used to execute high value transactions. This article considers the meaning, in electronic terms, of document, book or paper, instrument, writing, record and map – both in terms of legislation and case law. Consideration is also given to primary evidence, original document and certified copies, the requirement that an agreement or communication be in writing and what is mean by a signature. The discussion then considers execution as a deed and the requirement for signing in the presence of a witness, including where the witness is remote.