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06 May 2010 / Alison Bull
Issue: 7416 / Categories: Features , Family
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Yours virtually...

Alison Bull reports on the use of virtual signings & closings in the family courts

The decision in Mercury v HMRC (2008) (R (on the application of Mercury Tax Group Ltd and another) v HMRC and others [2008] EWHC 2721 (Admin), [2008] All ER (D) 129 (Nov)) has generated academic debate around virtual signings or closings in a commercial context, and guidance from various interested parties, including the Law Society Company Law Committee.
This article considers the relevance of this in respect of the execution of documents in a family law context.

When does the issue arise?

It can arise in a family law context in relation to the following documents:
(i) Sworn statements; eg Forms E, special procedure affidavits, s 25 statements.
(ii) Unsworn statements; eg Children Act or CPR witness statements.
(iii) Deeds; such as pre- or post-marital agreements (PMAs) and cohabitation contracts.
(iv) “Simple” contracts (not involving dispositions of land).

Mercury v HMRC

Until the High Court decision in Mercury v HMRC, signature pages of documents were often signed in advance to be transferred to the engrossed

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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