Backdating agreements english law fun facts about internet dating
For obvious reasons, any request to backdate a document for these reasons should be flatly turned down.
Dispute resolution clauses are not the most glamorous of clauses in commercial agreements and therefore it is unsurprising that they are often referred to as “midnight clauses” which, as the phrase implies, are the last clauses in agreements to which parties turn their attention.
A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.
Is it legal to comply with the request or must it always be refused outright?
The obligations to third parties will almost invariably be based on the date that the contract or agreement was fully executed subject to any applicable special circumstances.
It is worth noting that whilst parties signing a contract or agreement may expressly state that the contract or agreement is effective from a date in the past, the parties should not "back-date" the date of execution (for example, sign the contract or agreement today and but insert an earlier date as the date of the document, thereby making it seem as if it was signed on some earlier date).
This is a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator.Some comparative notes to remember: The chart above shows a simplified version of the English court system.The Appellate Committee of the House of Lords was the final court of appeal for civil and criminal cases from England and Wales until October 2009, when the Supreme Court replaced it as the highest court in the United Kingdom.In recognition of this problem, the Hong Kong International Arbitration Centre (HKIAC) has added as an option to its model arbitration clause wording which allows parties to expressly select the law governing the arbitration agreement, that wording quite simply states: “The law of this arbitration clause shall be ...means something of value, which under English law does not have to be money, and does not have to be “sufficient”, ie market value.