Law society published some guidance recently on e-signatures...https://t.co/g70MUWg6K0 - some thoughts and comments...

👁‍🗨 Witnessing...they conclude that witnesses have to be "physically present" and you cannot witness somebody by video link. Probably correct as a matter of case law. It's a shame they aren't more forceful in their urge for change here...

The point in witnessing has always been evidential. So that if one person claims they didn't actually sign a document, you have somebody you can call upon to attest evidence that they did or did not. Also adds some formality to the process to make people think

When you're using e-signature, people's email addresses are being put into a system. You also have IP addresses, geolocations, timestamps all recorded when people actually go on to sign the document. Doesn't this add quite a lot of evidential value?

Physical presence would help avoid a scenario where somebody gains access to somebody else's email account, signs a document and then gets somebody to witness. If that witness were virtual, they wouldn't see the mischief that has occurred...is this not quite a remote risk though?