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.
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