Proof of hi-tech era

English common law principles relating to legal proof and evidence are compatible with e-commerce, a group of leading City experts have declared.

In a report into the effect on legal proof and evidence of e-commerce, the Financial Law Panel concluded that the amendment to the rules of evidence through the Civil Evidence Act 1995 had already embraced computer-generated material.

The report examined whether legal definitions sufficiently covered computer-produced documents, instruments, records and writing; and whether 'signing' documents on-line would have the same effect as written signatures.

Electronic signatures pose few problems, said the report, because non-written methods of document validation - such as rubber stamps that create a facsimile of someone's signature, and signing machines - have already been established.

But it welcomed the Electronic Communications Act 2000 forputting 'beyond doubt' the evidential admissability of electronic signatures.

The report is one of three being undertaken by the panel; forthcoming reports will examine jurisdictional and substantive legal concepts relating to e-commerce.

Neil Mirchandani, a litigation partner at Lovells who sat on the working group that produced the report, said the next two reports are likely to highlight more complications.

Other members of the e-commerce working group include George Staple QC of Clifford Chance, Philip Wood of Allen & Overy, Lord Mustill, and former Law Commissioner Diana Faber.

Jeremy Fleming