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04 July 2025
Issue: 8123 / Categories: Legal News , Dispute resolution , Artificial intelligence , Technology
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NLJ this week: Faking it? AI and the rise of forged evidence in litigation

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There is a growing threat of forged evidence in civil litigation—now supercharged by generative AI—which Ian Gascoigne of LexisNexis explores in this week’s NLJ

From the Bitcoin creator case to WhatsApp screenshots and AI-generated documents, Gascoigne shows how courts are grappling with increasingly sophisticated fakery. He revisits key cases, including Arrow Nominees v Blackledge and Takhar v Gracefield, to illustrate how courts assess and respond to fabricated evidence.

Gascoigne warns that AI tools can create convincing fakes with no obvious signs, making the ‘sniff test’ and metadata analysis more vital than ever. He urges litigators to challenge suspect documents under CPR 32.19 and to demand draft versions where appropriate.

With US courts already drafting rules on machine-generated evidence, Gascoigne calls for urgent action from UK regulators to ensure authenticity and uphold the duty not to mislead the court.

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
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