Suspected Forged Document? Steps You Can Take to Report Forgery

If you’re involved in a business deal or are the landlord of a property, it’s alarming to receive a document that you suspect is a forgery.

Forgery is a criminal offence, but there may also be civil remedies available in a commercial, property, or construction dispute if you’ve suffered loss by relying on a forged document.   

We’re specialists in civil fraud and forgery-related litigation. If you’re suspicious about a document you’ve received, contact our specialist commercial litigation team. We act nationally and would love to help you.

Key Takeaways

• Forgery is a criminal and a civil offence
• To prove forgery, you must show the perpetrator intended to deceive others into believing a document is genuine
• A document may be forged because of its presentation, its contents, or the signature
• Forged documents can be handwritten or digital
• Civil remedies include damages for loss suffered, rescission of a contract, injunctions and declarations 
• It’s important not to confront someone about a forgery; alerting them may mean they destroy valuable evidence

What Counts as a Suspected Forged Document

In broad terms, a forged document is a false document that has been made, or altered, so that it purports to be something it is not, with the intention that it be accepted and relied on as genuine. 

This can include things like financial records, contracts, transfer deeds, and invoices.  

Forgery can take many forms. A document may be suspected as a forgery because the contents are inaccurate or unexpected. Alternatively, the document is valid, but the signature is a forgery. In some cases, what looks like forgery is closer to a contract entered into following a fraudulent misrepresentation — a related but separate route to challenging the document’s effect.

Forgery covers both handwritten and digital documents and signatures. Alterations to content and presentation can occur in myriad different ways and highlight the importance of carefully checking every document in a commercial arrangement or during a dispute.

A vital element in proving forgery is evidencing intent. You must show the suspected party acted with intent to deceive; they intended for you to treat a document as genuine. A suspect document on its own is not enough.

Proving Forgery in a Civil Claim

In a civil claim in England and Wales, you must prove forgery on the balance of probabilities; that is, it is more likely than not. The standard does not change because the allegation is serious, but the court will expect clear and cogent evidence before finding that someone has acted dishonestly, and you bear the burden of proving it.

Where a forged document has been used to obtain money or property, or to induce you to enter a transaction, your loss can potentially be recovered via civil fraud litigation.

Steps to Take When You Suspect a Document Has Been Forged

Preserve the Document and Avoid Confronting the Other Side

It’s vital to not confront the other side if you suspect a document has been tampered with or forged. Alerting them gives them an opportunity to cover their tracks by deleting records and destroying evidence.

Keep the suspect document pristine (including any original hard copy, and electronic versions in their native format with metadata intact) and start to put together your own file of relevant evidence which supports your suspicion.

Get an Independent Forensic Document Examination

The type of expert you need depends on how the forgery presents.

A potential forged signature requires independent verification from a handwriting expert; they can confirm if a signature is genuine.

These experts will assess:

• Whether a signature is freehand or traced
• When it was added to the document
• Whether it has been cut and pasted in

Tampering with electronic documents requires a different type of expertise. Digital forensics typically involves analysis of metadata, hard drive data, deleted files, and downloads.

Handwriting and forensic document experts provide court-ready reports and appear as expert witnesses in proceedings. If you’re weighing up whether to commission one, it’s worth understanding how long a fraud investigation typically takes before you decide.

Can I Bring a Civil Claim If a Document Has Been Forged?

Yes, if you have suffered loss as a result. There is no stand-alone civil claim for “forgery”, but a forged document can support claims such as deceit, or remedies such as rescission of a contract, damages, an injunction, or setting aside a judgment obtained by fraud. A civil claim can be pursued whether or not there is any police involvement.

Take Specialist Legal Advice on Your Civil Options

If you’ve suffered loss or damage because of forgery, then you may be able to bring a claim in the civil courts, for example, in the tort of deceit or to rescind a contract you were induced to enter.

A civil claim will rely on you successfully proving forgery and demonstrating loss because of your reliance on forged documents.

On qualifying disputes, we can offer funding through a Conditional Fee Arrangement or Damages-Based Agreement, so you’re not carrying the full cost of litigation alone. Subject to case assessment and our funding criteria. Available on qualifying disputes typically valued over £10,000 with strong prospects of success.

Not every case is strong, and courts have discretion — we’ll give you an honest assessment of your prospects before you commit to a claim.

A court can order damages to compensate for your loss, aiming to restore you to the position you would have been in had the forgery not taken place. Damages can also be non-monetary.

Civil Remedies When a Forged Document Affects Your Case

If you’re already involved in a formal dispute with another party, it’s essential that you explicitly plead forgery in your Defence, Reply or another formal statement of case.

Under Civil Procedure Rule 32.19, a party is deemed to admit the authenticity of a disclosed document unless they serve notice that they want it proved at trial. The notice must generally be served by the latest date for serving witness statements, or within seven days of disclosure if later. So if you suspect forgery, you need to actively challenge the document rather than assume the court will.

The defendant must have the opportunity to defend a claim of forgery, including obtaining expert evidence.

If a judgment has been obtained based on a proven forged document, then you can apply to the court to have this set aside. The use of a forged document in proceedings can give rise to a separate cause of action. The use of a forged document in proceedings can also expose the party responsible to serious consequences, including an adverse costs order or proceedings for contempt of court.

Common Mistakes That Undermine a Forgery Claim

• Not acting quickly enough so your commercial position is undermined
• Alerting the other party to the fact that you suspect a forgery, which can make it harder to gather evidence
• Not realising that the document was created or altered with permission that you weren’t aware of
• Relying on the forgery alone and not understanding the need to show intent to deceive. Without evidence of intent, a document is simply inaccurate or misleading
• The defence claiming that the document was never intended to be relied on
• The alleged forgery was a careless mistake rather than anything dishonest
• Timing can be pivotal, and a forgery claim can be challenged on timing alone. Electronic documents retain a date/time stamp in their metadata
• Not fully understanding context, which means that something potentially dishonest turns out to be an incident of poor recordkeeping or a family or business dispute

Frequently Asked Questions

What Is Considered a Forged Document?

A forged document is any hard copy or electronic document deliberately created or altered with intent to deceive or defraud. This can relate to the document’s content, presentation, or signature. The critical element is dishonest intent — without it, a document is simply inaccurate or mistaken, not forged.

How to Prove a Document Is Forged?

To prove a forgery, you’ll need evidence of a material alteration or forged signature. This usually requires a handwriting expert or forensic document examiner. You’ll also need to show intent to deceive and that the forger intended you to rely on the forged document.

Acting Quickly on a Suspected Forgery Can Protect Your Commercial Position

If you’re a landlord, business owner, or contractor and suspect that a document produced by your opponent in a dispute has been forged, it’s vital not to alert the other side.

Protect your position and minimise loss by taking specialist legal advice. A solicitor can advise you on the essential next steps and help you gather and preserve evidence to support a civil claim.

We’re specialist commercial litigation solicitors with experience acting in civil fraud and forgery-related cases, and we represent commercial clients in live disputes who suspect a document or documents are the subject of forgery. Using forensic experts to inform the authenticity and direction of your case, we offer pragmatic and strategic advice tailored to your situation.

If you’re worried about documents in a commercial arrangement, even outside a live dispute, contact our specialist commercial litigation team for fast advice on your options. Our commercial team have decades of experience acting in a range of commercial disputes and are happy to help you.