header-logo header-logo

11 June 2025
Issue: 8120 / Categories: Legal News , Profession , Artificial intelligence , Technology
printer mail-detail

Hazards of gen AI & fictitious cases

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.’

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
CEDR has announced the death of its Founder President and first Chief Executive, Dr Karl Mackie CBE
Consumers will receive their Merricks v Mastercard compensation in the first half of next year, class representative and former Financial Ombudsman Walter Merricks has said
A law firm was not entitled to payment for jointly administering an estate as there was no charging clause in the will, the High Court Senior Courts Costs Office has ruled
The so-called ‘Dieselgate’ quantum trial will go ahead against Mercedes, after the High Court rejected an attempt by car owners to delay the proceedings
The Ministry of Defence (MoD) must pay the bulk of the legal costs in the military deafness litigation, the High Court has held
back-to-top-scroll