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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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