Failure to sign a deed in the presence of the witness did not invalidate the deed | Practical Law

Failure to sign a deed in the presence of the witness did not invalidate the deed | Practical Law

Shah v Shah, 10 April, 2001.

Failure to sign a deed in the presence of the witness did not invalidate the deed

Practical Law UK Legal Update Case Report 5-101-4490 (Approx. 4 pages)

Failure to sign a deed in the presence of the witness did not invalidate the deed

Law stated as at 18 Apr 2001England, Wales
Shah v Shah, 10 April, 2001.
The Court of Appeal refused to allow Party A to avoid its liability under a deed by asserting that the deed did not comply with sub-section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989, namely that the witness was not present when Party A had signed. Party A had represented that the deed had been validly executed and had intended Party B to rely on it. In such circumstances it was permissible for Party A to be estopped from denying the validity of the deed despite the clear wording of the statute.