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Table of contents

  1. Problem
  2. Project
  3. Documents
  4. Updates

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Deeds

This is an upcoming project and work has not yet commenced on it

Problem (Back to top)

The current law of deeds is complex and arguably outdated, in part due to technological developments.

In Mercury Tax Group Ltd) v Her Majesty’s Commissioners of Revenue and Customs,1 Mr Justice Underhill (as he then was) referred to a document as needing to be “a discrete physical entity (whether in a single version or in a series of counterparts) at the moment of signing”. This raised questions about electronic execution of deeds, and “virtual” signings. The legal industry has largely found “workarounds”, aided by paper produced in 2009 by a joint working party of The Law Society Company Law Committee and The City of London Law Society Company Law and Financial Law Committees.  

However, stakeholders have said that there would be merit in reviewing the law itself, to consider practical matters and challenges presented by emerging technology, such as whether deeds can be expressed wholly or partly in code.  

More generally, some stakeholders argue that certain deed requirements, such as witnessing, attestation, and delivery, should be amended, replaced or removed.  

Project (Back to top)

This project will review the law of deeds, including consideration of: 

  • broad issues about the efficacy of deeds, including whether the concept remains fit for purpose; 
  • whether there should be amendments to the existing requirements of deeds, including witnessing, attestation, and delivery; and 
  • whether amendments to the law of deeds are required to ensure that compliance with the requirements of deeds can be facilitated by smart contracts.  

This project will take a holistic approach, and deal with both deeds executed on paper and electronically. It will also ensure that necessary protections for individuals are not lost. 

This project forms part of the Law Commission’s 14th Programme of Law Reform.  

Next steps

The Law Commission will commence work on the project as soon as resources allow.  

Further steps and their timings will be confirmed in due course. 

Documents (Back to top)

There are no documents published as part of this project currently.

Updates (Back to top)

There are no updates on this project currently.