Watch your email signature

The definition of what counts as a “signature” isn’t of enormous importance to shipping lawyers most of the time: they don’t tend to deal in real estate or declare themselves trustees of land. But in one case it does matter: guarantees, whether of charter obligations, settlements or any other obligation need to be signed under s.4 of the Statute of Frauds 1677. Imagine you send an email on a client’s instructions guaranteeing a debt. If you type in your name like so — “Best wishes, Barry” — no problem. But what if you just type “Agreed” under the terms of the guarantee, and your email program appends at the foot of the email: “From Barry X at ABC Solicitors LLP. This email is confidential etc etc …”? Signed or not? The Chancery Division last week said Yes in Neocleous v Rees [2019] EWHC 2462 (Ch). A settlement of a real estate dispute was held enforceable in these circumstances under the LP(MP) Act 1989; it seems pretty clear that s.4 cases will be decided the same way. Moral: good news for those wishing to uphold guarantees. And if you are thinking of raising the pettifogger’s defence under s.4, look carefully at your email settings. You have been warned.

One thought on “Watch your email signature

  1. Pingback: Watch your email signature – Inno TankBulk

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