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Faking it?

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In the era of AI, what’s real & what’s not in the courtroom? Ian Gascoigne examines the growing issue of faked evidence
  • Faked evidence isn’t new. This article looks at cases going back 25 years that have involved alleged forged evidence.
  • With the advent of AI, however, litigators need to know how to spot and treat evidence that may not be what it first appears.

The concept of the fake is prevalent. Telephone calls or texts from callers pretending to be other people, fake images online, and even ‘fake news’ for those who do not like facts with which they are presented—all are threats for us to look out for.

It is unsurprising that there is an increasing worry in the sphere of civil disputes about documents and sound/video recordings that appear to be authentic but are not. This is an old problem, which, undoubtedly, has been given an attractive new coat by generative AI.

Such tools make it easier to fake evidence. Two questions to consider are:

  • How
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NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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