• At Kemp Little, we are known for our ability to serve the very particular needs of a large but diverse technology client base. Our hands-on industry know-how makes us a good fit with many of the world's biggest technology and digital media businesses, yet means we are equally relevant to companies with a technology bias, in sectors such as professional services, financial services, retail, travel and healthcare.
  • Kemp Little specialises in the technology and digital media sectors and provides a range of legal services that are crucial to fast-moving, innovative businesses.Our blend of sector awareness, technical excellence and responsiveness, means we are regularly ranked as a leading firm by directories such as Legal 500, Chambers and PLC Which Lawyer. Our practice areas cover a wide range of legal issues and advice.
  • Our Commercial Technology team has established itself as one of the strongest in the UK. We are ranked in Legal 500, Chambers & Partners and PLC Which Lawyer, with four of our partners recommended.
  • Our team provides practical and commercial advice founded on years of experience and technical know-how to technology and digital media companies that need to be alert to the rules and regulations of competition law.
  • Our Corporate Practice has a reputation for delivering sound legal advice, backed up with extensive industry experience and credentials, to get the best results from technology and digital media transactions.
  • In the fast-changing world of employment law our clients need practical, commercial and cost-effective advice. They get this from our team of employment law professionals.
  • Our team of leading IP advisors deliver cost-effective, strategic and commercial advice to ensure that your IP assets are protected and leveraged to add real value to your business.
  • Our litigation practice advises on all aspects of dispute resolution, with a particular focus on ownership, exploitation and infringement of intellectual property rights and commercial disputes in the technology sector.
  • We have an industry-leading reputation for our outsourcing expertise. Our professionals deliver credible legal advice to providers and acquirers of IT and business process outsourcing (BPO) services.
  • We work alongside companies, many with disruptive technologies, that seek funding, as well as with the venture capital firms, institutional investors and corporate ventures that want to invest in exciting business opportunities.
  • Our regulatory specialists work alongside Kemp Little’s corporate and commercial professionals to help meet their compliance obligations.
  • With a service that is commercial and responsive to our clients’ needs, you will find our tax advice easy to understand, cost-effective and geared towards maximising your tax benefits.
  • At Kemp Little, we advise clients in diverse sectors where technology is fundamental to the ongoing success of their businesses.They include companies that provide technology as a service and businesses where the use of technology is key to their business model, enabling them to bring their product or service to market.
  • We bring our commercial understanding of digital business models, our legal expertise and our reputation for delivering high quality, cost-effective services to this dynamic sector.
  • Acting for market leaders and market changers within the media industry, we combine in-depth knowledge of the structural technology that underpins content delivery and the impact of digitisation on the rights of producers and consumers.
  • We understand the risks facing this sector and work with our clients to conquer those challenges. Testimony to our success is the continued growth in our team of professionals and the clients we serve.
  • We advise at the forefront of the technological intersection between life sciences and healthcare. We advise leading technology and data analytics providers, healthcare institutions as well as manufacturers of medical devices, pharmaceuticals and biotechnological products.
  • For clients operating in the online sector, our teams are structured to meet their commercial, financing, M&A, competition and regulatory, employment and intellectual property legal needs.
  • Our focus on technology makes us especially well positioned to give advice on the legal aspects of digital marketing. We advise on high-profile, multi-channel, cross-border cases and on highly complex campaigns.
  • The mobile and telecoms sector is fast changing and hugely dependent on technology advances. We help mobile and wireless and fixed telecoms clients to tackle the legal challenges that this evolving sector presents.
  • Whether ERP, Linux or Windows; software or infrastructure as a service in the cloud, in a virtualised environment, or as a mobile or service-oriented architecture, we have the experience to resolve legal issues across the spectrum of commercial computer platforms.
  • Our clients trust us to apply our solutions and know-how to help them make the best use of technology in structuring deals, mitigating key risks to their businesses and in achieving their commercial objectives.
  • We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects, and in advising on all aspects of procurement and online operations.
  • Our legal professionals work alongside social media providers and users in relation to the commercial, privacy, data, advertising, intellectual property, employment and corporate issues that arise in this dynamic sector.
  • Our years of working alongside diverse software clients have given us an in-depth understanding of the dynamics of the software marketplace, market practice and alternative negotiating strategies.
  • Working with direct providers of travel services, including aggregators, facilitators and suppliers of transport and technology, our team has developed a unique specialist knowledge of the sector
  • Your life as an entrepreneur is full of daily challenges as you seek to grow your business. One of the key strengths of our firm is that we understand these challenges.
  • Kemp Little is trusted by some of the world’s leading luxury brands and some of the most innovative e-commerce retailers changing the face of the industry.
  • HR Bytes is an exclusive, comprehensive, online service that will provide you with a wide range of practical, insightful and current employment law information. HR Bytes members get priority booking for events, key insight and a range of employment materials for free.
  • FlightDeck is our portal designed especially with start-up and emerging technology businesses in mind to help you get your business up and running in the right way. We provide a free pack of all the things no-one tells you and things they don’t give away to get you started.

The Ghost in the Machine: deeds signed by autopen validated

The recent case of Ramsay v Love [2015] EWHC 65 not only brought to general public attention the existence of “autopen” machines (mechanical ghost-writing devices which are designed to hold a pen and recreate a signature, often used by authors to sign books or celebrities to sign merchandise) but also appeared to indicate the courts’ willingness to accept that not just wet-ink by (human) hand signatures are valid.

The case centred around whether a personal guarantee given by Gordon Ramsay, which was signed as a deed by autopen under the operation of Chris Hutcheson (Ramsay’s father in law and – at the time – CEO of Gordon Ramsay Holdings) could be binding on the signatory (Ramsay).  Ramsay claimed the machine, normally used to “sign” copies of Ramsay’s recipe books, had been used without his knowledge.  However, based on the facts – the judge cited 42 examples of where the machine had been used on legal documents, including deeds – the court concluded that it was “entirely implausible" that Ramsay did not know the machine was used for that purpose.  Indeed, the court found that barely any limitations had been placed on Hutcheson’s authority to enter into business arrangements on Ramsay’s behalf. 

The focal point of the case, then, was the question of whether Hutcheson (acting as agent) had the requisite authority (the court held he did).  Little time was given to the question of whether a signature given by a writing machine could result in a validly executed deed, as both parties (and the court) accepted it did.  Under the Law of Property (Miscellaneous Provisions) Act 1989, a key component of what constitutes valid execution of a deed is a “signed” document.  Whilst previous case law considering the meaning of “signed” has suggested that the definition will be met by faxed signatures or digital signatures (provided that there is the requisite intention of creating a binding contract), the majority of the decisions have been concerned with guarantees – typically subject to fewer formalities – than deeds.  In the Ramsay case, the document in question was both a guarantee and a deed, but the fact that it was a deed does not appear to have prevented the courts from taking a purposive approach to interpretation. 

As lawyers dealing with technology clients, we can only hope that this decision serves to re-open (and satisfactorily settle) the debate about the use of electronic or digital signatures to authenticate documents, particularly given recent advancements in cryptography technology.  If a mechanical signature can bind the signatory, then the caution with which digital signatures have been treated in the UK historically is perhaps misplaced.                       

For more information, please contact Andy Moseby, Corporate Partner