Sign Your Name - Electronic Signatures in the CPR

Oh, thanks very much for joining us, that data law for today's webinar in relation to signing your name, which in itself sounds of so it's gonna be a little bit straightforward, but hopefully by the end of this webinar will have been able to take you through. How? Signing your name. If clients can be completely changed within your normal day to day process, I'm hopefully gonna be able to show you by the end of this webinar how the civil procedure rules has an impact and how case law now in pints, how this is gonna help you in your day to day life. Hopefully, I'm gonna show you a little screen shots like this. See if you can use your memory about to turn into strength, Darby, and sign your name across your heart. Yes, Hopefully, by the end of this, you will have this so ingrained in your heart that you will be able to say that's exactly why I can do this for my clients that make my job easier. So what we're gonna do is look at three things. We're gonna look at the civil procedurals. We're gonna look at case law and then We're going to take all of those elements and say Okay in practice, How is that going to be able to be used by me and my colleagues to, hopefully speed of the resolution claims or get clients to sign witness statements? Are your particulars of claim or indeed even, just kind callouses? So absolutely everything to do with this now for those of you have never something we want tomorrow, Weapon asked before. My name is Craig Bloodsworth. My position is the legal director for credit. Iraq's in exchange. I've taken these principles into our day to day life within the higher industry to get this practiced with our clients so that they consign hire agreements as well as all the way through to proceedings where we're ending up in court. I'm getting witness statement signed. So there you go. That's a teacher, Resto why we're doing this and hopefully why you'll be able to take it away as well and introduce it. So the civil suit procedurals was our first challenge when, as an industry, we came to look at this and certainly from was acts in exchange, whether or not we could produce something that would actually complying with all the civil procedurals on any of the case law that is out there because our concern waas that getting a client to go to a final hearing is not necessarily the easiest things on when we're looking at that. The bits that we find in Curry settlement probably is a witness statement being signed, but we also find that we do a fair bit of bulk issuing So Wasserman opportunity for us to sign the particulars of claim or the claim form the and one form when we're actually commencing court proceedings. And so we not respect. This is the bits that we looked up first. The civil procedure rules practice direction seven e 70.10 that we love our industry for acronyms of the c p r p d seven e 10 which states that any provision off the symbol procedurals, which requires a document to be signed by any person, is satisfied by that person inching their name on an online form. So to that extent, it seems very straightforward that if I doing the documents and it's required to be signed, then I'm concerned not on an online fall. Of course, signing online is not particularly easy. So we looked at this and our concern waas that I don't if you fully aware. But the practice directions seven e is all about the money claim online court. So it then raised this question. So can a document that is, in the normal course be signed by just typing the name? It Certainly that's what the rules suggest. Now, if you think about again your every day life, how many of us actually just take a box and say We're agreeing to the terms and conditions with companies like Apple or the Android version where you're saying here we go is a terms and conditions. I've got an opportunity to read those terms and conditions which, as we all know, tend to be fairly extensive, you know, may have to scroll numerous points to get to the end of those terms and conditions on. Really, Did we all know that things like Facebook because in our data to the Cambridge Analytic Company, and I suppose if you actually looked in those terms and conditions, you would have had an idea. So is this the scenario, though? Because the practice Direction 78 is just about the only climbs on line money claim courts. Is it gonna be usable in the real life CPR? What we all know and love And this has been there since the late nineties. So we don't deeper on what we came up. Teoh. It was this big within the civil procedure rules in particular 22.1 point six I says the statement of truth must be signed by in the case of a statement of case, our response or an application The party or litigation friend, all the legal represents saying, representative, on behalf of the party, all litigation friend around in the case of a witness statement the major of the statement. So when we're looking to say particularly, we almost if you feel like have the British cycling approach, I don't if you aware of the British cycling approach, but what they did was going to say we're really good, but what improvements can remain that will shave seconds off. And I don't know if you experience this yourself is a file handler or if you experience this from the supervisory perspective. But what we were finding was that the claim form in itself is I think five pages, the particulars of plain normally on a road traffic accident somewhere between three and five great pages. And of course, you've got to find that point on each of those pages but require the statement of truth signing. So it literally was taking my handlers, you know, a minute and 1/2 2 minutes of flicking through the papers, finding the bit where they needed to put the signature on. Of course, you need multiple copies of these papers on, then getting back to the Destin and ultimately losing that time of doing nothing more than an administrative approach. So knowing that the legal representative on behalf of the party could sign this statement of case, it was right so we can do it. We know we can do it as lawyers. We probably all have signed some form of particulars. Are statement of truth through the claims notification form, for instance, on the personal injury claim, so we could definitely do it. The question is, could we do it by just typing the name? And this is where it took his. But to CPR, 5.3 are not specifically states that where either the rules are practice directions require a document to be signed. That requirement shall be satisfied if the signature is printed by computer or other mechanical means. So this was the kind of eureka moment for us. There's a bit within the civil procedure rules at CPR 5.3, where it does say that if a document needs to be signed now, we essentially these are any document or every document. So, for instance, a list of documents in a fast track trial Could that be signed by a client electronically? Is it the position where the particulars of claim could be signed? Electronic Lee? Most important, they certainly, from our perspective, could witness statements be signed. Other troubling. Because I'm sure if you're involved in litigation, you'll have suffered from the drafting of a witness statement, sending it to a client with a prepaid envelope, asking the client to sign and return it and hoping you got it back within the next what week? Even by first class mail, that's hopeful. Oh, is it a position where you are right up against it? You need to get that witness statement to the client. You're sending them an email copy. You asking them to print often email popular You've sent Sign it announced 70 in the Post and in litigation clients is just aren't that cooperative to be so on the ball because ultimately alive telling, you know, the investigation, especially credit hire, is something that's a really Was he all my responsibility? I didn't realize what I'm signing, etcetera, so we don't have it beat deeper within CPR 5.3 and found this within the practice direction, specifically referring to signature of documents by mechanical means. On the quotes this bit where under 5.3 a replicas signature is printed. Elektronik Lee, all by other mechanical means on any documents. The name of the person whose signature is printed must also reprinted so that the person may be identified. This paragraph does no apply to claims forms issued through the claims production sensor. So again a bit crazy. The signature is printed, but it must also be printed so that the name of the person could be identified, which is crazy if it is sometimes, and it can or not. If your signatures anything like my signature, but if you can read it, you are a very, very good linguist because I can't even read my own signature. And yet the CPR is suggesting that if you print your name so literally type into a document, it must also be printed on the Nathan so that that person may be identified. This is the bit that I'm gonna take you two in front two shortly. But before we get set up it, I wanted to take you through the case law because again, there's bits here where I am absolutely certain you will have had some form of delivery. Whether it be Amazon are Tesco delivery, where a driver will certain up with something like what's on the screen in front of you now? No doubt your told just sign Answer confirmed the seats and you're presented with a box on a P D. A. Now again with the surname like books with you can imagine how difficult it is to skip my name to be typed or scrolled into that box. And if you've ever seen my signature of your mind Tesco delivery driver, you would see nothing that looks like see, let alone books with They're crazy onions. We hade scenario in case law where drivers is there are another credit client company we're asking Higher is to sign that kind of pod to confirm the terms and conditions where the signature is then highly other to the higher agreement. So let me just take you back to that last slide. If you imagine within that box there where it says Joe Driver cyst were sending their clients the terms and conditions in some form or other on that they were saying to somebody, Please, would you type unit off, Sign your name there on that PD a one of those plastic pens that Dr Signature there was been taken from that box and transposed onto the terms and conditions of hire. So with that in mind, you have to ask yourself, Is that enforceable? So let me repeat that. But here you've got the terms and conditions off. Ah, hire contract in front of you. Those terms and conditions have your name printed on them from you signing a P. D. A. On delivery of the higher vehicle. And the question is, is not enforceable off course. The issue waas, but the terms and conditions aren't there. So when you've got that p d a in front of you. You've not got a full screen. Shots are on opportunity to read those terms and conditions so that your name from that box can then be added to them. And then I might well have been sent afterwards. But of course, you've got to read those off the opportunity to read those terms and conditions before you do. You want your name to them? So it was no enforceable. Perhaps you are not surprised to learn that shortly after introducing this is their method of getting clients to sign higher terms and conditions. Dr. Assist no longer exist. They went bust Wells. There is a case loss around this on some of this case, while goes back a long way for you. Think Butts in the 19 fifties, they would never have heard of a P d. A or even dreamed of a P. D. A. On the Goodman and even limited in modern English uses. When the document is required to be signed by someone, that means that he must write his name with his own hand upon it. Okay, so this was the defendant's arguments when we took a case to a hearing on this particular point, and they were saying that I'm not a minute. This Goodman and even Limited suggests that in this end, antiquated takes now, which is strange to think that only 60 under years later, nearly 70 years later supposed I have were in this position where, you know, signing your name by Hun is now considered to be anti quit. So was there any other case law on the Asano and Soft and others, which was all about a consumer loan agreement on what could amount to a signature? This is a 2014 case on the conclusion on this case was that generally speaking, the signature is the writing or otherwise, of fixing of a person's name or remark to represent the name with the intention of authenticating the document as being us off or binding upon the person his name is written? Or things. The signature may be fixed by the name being tight in an electronic communication, such as an email. So for us, this was a very useful case because we're now looking at this is in 14 2060 years on from the case where we're saying that the signature has to be added in their own hand. I was saying that the signature is the writing or otherwise, a fixing of a person's name on this, this all otherwise that I really want to drive home to use it as a result of today's session. To say that there is another way off having a signature and certainly in this case it was by adding it bites or an email and again a fairly recent case. This time in 2012 case which was the Golden Ocean Group on sound Go car mining industries, where the court considered conclusion that they could see no reasons of policy. Why a signature should not be capable of being a fixed. I'm communicated Elektronik Lee to an agreement regulated by the ads. Just a zit come for other documents which are required to be signed. So I give you that again. No reason policy burn your mind that what we all deal within in all out legal lives is that there is always this overriding element of policy to consider. So I can see no reason of policy why a signature should not be capable of being fixed or communicated. Elektronik Lee If you think of all the work that large Justice Briggs has been doing in relation to the online court on bringing that to fruition, it would part smoke of a little inconsistency if even though those an online court, we couldn't odd our names Elektronik Lee to documents or rather, we couldn't get our clients toward them. Elektronik Lee to documents. So again, from a policy point of view, we've got this big in the civil procedurals that says it could be argued, electrons flying on. We've got the policy that's being driven by the online money core on taking all of the court procedures ultimately online. So where we going to get to that? So this was actually aren't case Javid in person now? We were being challenged, left, right and sentences because every one of our particulars of claims had a typed signature on it. And so we were looking for a case toe, draw a line under it and hopefully bring it to a conclusion on. This is exactly the case that ended up in front of his honor. Just Gregory doesn't necessarily like credit hire. He's. He certainly challenges credit higher very strongly when it's inference, moving courts. He's taken this case and he says, but that's his merely common understanding. I e. The signature is added by somebody, actually a fixing it by Penn with that hand, it is not a statement of what the law requires as a signature upon a document. I'm reluctant, though I am to reach the conclusion that the requirement is satisfied by a signature types upon the documents by the maker of the document with the intention of adopting the documents. It seems to me that this is being correct interpretation of the rules, which is bonkers. Sense it, you know. And you could read through a laugh a lot off that we're really paying him to come to this conclusion that's says now say, in law a signature is no longer a signature. It's almost the point where the money in the street that refers to in in an area partly judgment has just no got to the point where the perception off adding a signature now just is in by pen and it goes on it. In my judgment, if the rules were to require such a departure from the meaning that the Lord usually bears simulation toe have documents to be signed. They should have said so. And they do not. So, in other words, a big tick in the box to say a document could be signed. Elektronik Lee put as we've highlighted there with the case with Dr Assist, the scenario is no. Azizi is just typing your name or signing a name on the particular type of platform. Our mess another day on this is the bit where again come back to my sign of the times. I hope you're looking. These album covers certainly distract you from the normal webinar approach. Greg goods with it has to be provided for with a name types underneath. So if I'm typing my name in whatever funds I choose, I've still got to print my name underneath it, which so may the most crazy element at all. Because no matter what time fund you put on it, it's always readable. So if you're gonna take anything away with you today, you consider what type of documents you can use this on on put Do not ever forget that if you're doing this within the civil procedure rules, you have to make sure that the name is printed underneath as well as printed above it to say bonkers element puts so important. Oh, and as much as I'm saying to you, this is all doable and it is completely doable to get your clients to sign them. Elektronik Lee. He's a little bit more convoluted because if you kind of think I've still got to give him the advice. So the clients signing the statement of truth, you've still got to give them the notification of what that means and how did they do it so I could email them the document. I could ask them to open it on from there. I could ask them to print their name and send it back to me. I think it's really key to make sure that you've got some kind of audit trail to show that that person has signed it. So if you're doing it by that way, that's OK. We specifically use an organization called Sinovel, I suppose, in the columns with the BBC. I should say that no doubt the rogue vehicle companies out there The reason we're you sign Nable is because we went to Adobe first of all, for enough and they wouldn't change their processes because the bit that's most important when it comes to a contract signing off premises is this bit the consumer contract regulations. Information cancellation on additional charges. 2013. Okay, so signing a document such as a statement of truth within the civil procedure rules not a problem. You could literally just send it. That's fine. The client could sign it onward and send me Paktia. You've got your audit trail. Were you sign a bill because we've been signed a bill. You have the option to take a box that says it's a contract rather than just a document. And the reason that's so important is because there's a really new on spit in these regulations. It's contained within Section two. I'm are scheduled to Rather Andi and I think it is. Sorry, let me be clear within the regulations. Think you see that the regulations Number 14 provides that when you are sending a contact through to a climbs, the client has to confirm that they are agreeing to this off premises contract some by electronic means with an order with the obligation to pay. Those words are so important, and that is order with obligations to pay the client Hasta Be aware that they are entering into a contract, have to have all sorts of other things that's laid down in schedule. Two of the regulations basically listed, and I think it's by eight did not quite said, but I think it's a two x of different things that you need to comply with on there are as straightforward as you've got to have your name address. The client has got to be able to cancel the contracts of the consolation document has got to be correct. We've also got to explain to the client and cost ings how it's being costed if it's not got a fixed cost and how the monthly cups it is going to be built on how the daily customs built so they can calculate monthly cops. All of these things are vitally important. Sinovel you can take that box so it goes on There is that contract. Dobie sat there looking at it was gonna take them. Spoiled, wants to introduce, which is why we use I nable who are saying fantastic company. So if you're looking to create this, looking to do it with Lord, it's looking toe. Have an audit trail from the I. P address that you send it through two rather than just being the email communication. That is a fantastic way I do. So hopefully we're taking you through the session today in a way that has shown you what the Civil Procedural say what case Law says on how to be living this in practice, to say, Do not forget that important there of your name being printed on printed again. You don't have to use different fronts. It's bonkers. And don't forget. If you're gonna get certain clients to sign it, make sure that you are using something where you've got an audit trail. And if it's actually your client care letter, for instance, um, kind of higher agreement, any type of agreement, then you make sure the client is going to be paying something. They have notification that it is a non order with obligations. Hopefully, you've found that webinar informative. Please do donors again on all sorts of other webinars that we've got going on a date. Oh, on that, we'll see you soon. Take him