Was a deed still valid when signed in the wrong place and by non-statutory directors?

In Lendlease Construction (Europe) Ltd v Aecom Ltd [2023] EWHC 2620 (TCC) the High Court considered a consultancy agreement that had purportedly been executed as a deed on behalf of a company.

But it had been signed in the wrong place and by two signatories who were not in fact statutory directors of the company at the time of signing. So was the agreement still effective as a deed?

What is a deed?

A deed is a particular type of written agreement which must be signed (or ‘executed’) in accordance with certain prescribed formalities.

Although many agreements can be drafted as a deed, they are actually only required in a limited number of cases. These include a transfer or lease over land, a legal mortgage or charge over land, a power of attorney and the appointment of a trustee.