i-law

Litigation Letter

Emails

According to the DTI Minister, Lord Sainsbury, electronic documents are the equivalent of paper documents. When in the House of Lords on 30 March, Lord Sharman moved an amendment to the Company Reform Bill on behalf of the Law Society’s company law committee seeking to classify business letters as being recognised either in hard copy or electronic form, the minister replied: ‘The amendment would have the most undesirable effect of implying that writing must be in hard copy. We take the view that writing may be electronic’ Lord Sharman promptly withdrew the amendment having achieved this unequivocal clarification. According to the Law Society’s Gazette of 21 April, this defines emails and faxes as de facto business letters, which not only puts them on the same level as printed business letters but means law firms of under 21 partners must include a list of partners and the firm’s physical address on business emails and faxes.

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