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.