At Tees, we advise businesses and individuals involved in disputes about whether a signature on a contract or other legal document is genuine.
A disputed signature can create uncertainty about whether an agreement was entered into and, ultimately, whether the parties are legally bound by its terms. Establishing what happened when the document was created and signed can therefore be crucial.
Can you dispute a signature on a contract?
A contract does not always need to be signed to be legally binding. However, having an agreed written contract signed by the parties provides important evidence of their agreement and the terms they accepted.
If one party disputes ever signing a contract, the Court may need to determine whether the signature is genuine and whether the parties intended to enter into the agreement.
How is a disputed signature investigated?
Expert handwriting evidence may be used to assess whether a signature is genuine. A handwriting expert will generally compare the disputed signature with examples known to be genuine.
Their opinion may conclude that a signature is likely to be genuine, unlikely to be genuine, or may be genuine. The availability and quality of genuine signatures for comparison can affect the strength of that opinion.
However, handwriting evidence is not usually the only evidence considered.
What other evidence can prove a signature is genuine?
The Court may also consider the circumstances surrounding the creation and signing of the document.
For example:
- Was the document sent to the person by email?
- Is there evidence that they opened or reviewed it?
- Was the document printed by them?
- Did they subsequently act as though they had entered into the agreement?
- Did they communicate with the other party about the terms of the contract?
- Are there other documents containing their genuine signature?
Taken together, this evidence may help establish whether the person received, reviewed, signed or otherwise accepted the agreement.
What happens if a contract signature is disputed?
The Court will consider the available evidence as a whole. This can include expert handwriting evidence, witness evidence, correspondence, digital records and other circumstantial evidence.
This is why it is important to identify and preserve relevant evidence as soon as a signature dispute arises.
Get legal advice about a disputed contract
If you are involved in a dispute about whether a contract or other legal document has been signed, obtaining legal advice at an early stage can help establish what evidence is available and how best to preserve it.
How Tees can help with commercial disputes
Our commercial disputes team advises businesses and individuals on contractual disputes, including disputes concerning the validity and authenticity of signed documents.
We can help you understand your position, assess the available evidence and advise on the most appropriate way to resolve the dispute.
Disputes about signatures can also arise in relation to wills, where the circumstances surrounding the signing and the evidence available can be particularly important.
