Execution of Documents 2nd edition

In the preface the authors state:

'In the first edition of this guide we set ourselves the goal of providing more than a recitation of the law concerning the

execution of documents, in particular by:

• providing a practical outline of the situations when particular methods of execution must or should be used; and
• including some practical guidance on drafting issues.

This continues to be the goal of this second edition.'

According to the blurb: 'Practical and user-friendly, Execution of Documents covers documents such as deeds, contracts, powers of attorney, and documents used in litigation'¦'

The title of this book is a little misleading because (to its credit) its coverage extends beyond mere execution of documents.

There are 331 pages of substantive text plus four appendices together with the usual tables of statutes, statutory instruments and cases and an index at the end. There are 31 chapters which include topics such as execution of a deed by a local authority, powers of attorney, statements of truth, electronic signatures and notaries public. The appendices include selected statutory and other materials.

The book is divided into three parts '“ part I is a procedural guide, part II contains legal commentary, and part III deals with specific issues.

If I wish to check on the execution of powers of attorney I turn to part I, which includes chapter 10 on powers of attorney with a step-by-step guide on the execution of the document, commentary on common practical and legal issues to be considered prior to execution, precedents, and common variations encountered. I then have to turn to chapter 22 on the same topic in part II, which gives the substantive legal background.

Personally, I would prefer the procedural and the substantive elements to be combined in one chapter. It seems a little cumbersome and inconvenient to have this separation of interconnected aspects.

Part III deals with specific issues such as electronic signatures, notaries public, the Welsh language, criminal offences and fees and VAT. The chapter on notaries is particularly helpful and interesting, giving a succinct and relevant account of what notaries do and when their services are required.

Practitioners will be conversant with all the usual forms and modes of execution of documents and, of course, these are covered in this book. However, if there are occasions when an unusual situation arises or we step outside our comfort zone then this book will almost certainly provide the answer. It is written in clear, plain language and in ample detail for its intended audience.

This is a useful and practical reference book for practitioners containing many precedents, both traditional and modern. It is unlikely to be the sort of book that one reads from cover to cover, but it is a first class 'dipper'.

The law is stated as at 1 August 2008, but appropriate reference is made to forthcoming changes including the Companies Act 2006.