I have come across many ground breaking developments in 30 years of legal practice including a precursor to the 'contract by emoji'.

Back in the noughties I was involved in helping sort out a light railway project that had gone very wrong. That, a light rail project going wrong, was and is probably the norm but what was new to me then was the Engineer (we were using an amended ICE form of contract) signing all documents including formal instructions with a smiley face. This could be next to his signature or on its own. At no point did anyone, not least the Contractor, question this practice. The fact that the Engineer used a Mont Blanc fountain pen to draw his smiley face probably added to the collective understanding that all was formally agreed, approved etc.

The use, in commercial life, of smiley face and emoji communication has grown since the noughties. Therefore, I wasn't surprised to read Felicity Capon's article in The Week (13 July) that Aretha Franklin's handwritten will found under a sofa cushion and signed with a smiley face had been held to be valid. Indeed, more recently than the noughties, I negotiated a construction contract where one party made regular use of the smiley face although they did actually sign the final document minus a smiley face. Thankfully, they never used of the 'poo' emoji to indicate disagreement with any of my changes.

Separately, Ms Capon's article refers to the recent Canadian case in which a contract for the delivery of a consignment of flax was enforced on the basis that a 'thumbs-up' emoji indicated the acceptance of an offer and an intention to create a binding contract. I have not read the judgment in the Aretha Franklin case (one for the morning coffee break) but I have read the 'thumbs up' emoji one and a short article will appear soon. All I will say now is that on the particular facts of the case I fully understand why the Canadian judge decided as he did.

I am certain 'smiley face' and 'emoji' disputes are here to stay even if we lawyers advise our clients not to use them when negotiating and agreeing contracts. Personally, I don't use either in day to day business life but then again I didn't know (for many years) that 'sick' meant good or outstanding.