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Hazards of gen AI & fictitious cases

11 June 2025
Issue: 8120 / Categories: Legal News , Profession , Artificial intelligence , Technology
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Heads of chambers and law firm partners must take ‘practical and effective measures’ to ensure every individual understands their duties if using artificial intelligence (AI), the High Court has said

Handing down judgment in R (Ayinde) v London Borough of Haringey [2025] EWHC 1383 (Admin) last week, Dame Victoria Sharp and Mr Justice Johnson held that two lawyers who cited fictitious cases in separate court proceedings should not face contempt proceedings.

However, they emphasised that in future hearings ‘such as these, the profession can expect the court to inquire whether those leadership responsibilities have been fulfilled’.

They set out the range of sanctions for submitting false material— ‘costs order, the imposition of a wasted costs order, striking out a case, referral to a regulator, the initiation of contempt proceedings, and referral to the police’.

In the first case, Sarah Forey, a pupil barrister, instructed by Haringey Law Centre, cited fictitious cases during a judicial review. There is no suggestion she intended to use AI or knew the cases were fake. Forey said, when drafting the grounds, she may have carried out additional Google or Safari searches without realising they included AI-generated summaries.

Emily Carter and Sahil Kher, Kingsley Napley, acting pro bono for Haringey Law Centre, said their clients ‘fully understand the seriousness of the issues that have arisen, and made full and unconditional apologies to the court.

‘They are reassured that the court has found there was no basis to suggest that the Law Centre or its senior solicitor had deliberately caused false material to be put before the court. The Law Centre paralegal—referred to as a solicitor in the original judgment—was found to be “not at fault in any way”.’

In the second case, Abid Hussain of Primus Solicitors admitted relying on legal research conducted by his own client, Mr Al-Haroun, which included 18 fake cases, in an £89.4m claim against Qatar National Bank and another. Hussain apologised and referred himself to the regulator.

Ian Jeffery, CEO of the Law Society, said: ‘Whether generative AI, online search or other tools are used, lawyers are ultimately responsible for the legal advice they provide.’

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Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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