Simple Contracts vs. Formal Deeds
While simple contracts require only mutual consent and consideration, deeds are formal instruments under English law that require execution formalities, including physical witnessing, even if executed electronically.
In commercial practice, 95%+ of business agreements—such as trade quotes, engagement letters, consultancy retainers, and NDAs—are simple contracts.
However, conveyances of real estate, certain company share charges, and transfers of title often take the form of deeds. Under Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989, an individual must sign a deed 'in the presence of a witness who attests the signature.'
The Law Commission confirmed in 2019 that current English law does NOT permit remote witnessing via Zoom or FaceTime. The attesting witness must be physically co-located with the signatory.