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The insider: 6 June 2025

221403
More oi oi than AI: Dominic Regan on fake citations, succinct judgments & bewildering costs

On the day before his birthday, Sir Andrew Ritchie heard and gave judgment in the bizarre case of R (on the application of Frederick Ayinde) v Haringey London Borough Council [2025] EWHC 1040 (Admin). I have no doubt that reams will be dedicated to this matter, but nevertheless I want to make a few comments.

This is the infamous judicial review in which no less than five fake authorities were cited to the defendant and the High Court. There is no accepted explanation as to where these cases originated. Who or what created them? The finger is pointed at artificial intelligence (AI). No one should ever be citing authorities without first checking their provenance. Dare I say it is also a mighty good idea to read them? No matter how brilliant the headnote, there is no substitute for reading the entire decision within which there might just be buried treasure. The seminal authority

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Birketts—trainee cohort

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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