The use of rapidly advancing AI (artificial intelligence) has become commonplace, many in today’s society jumping to programmes such as ChatGPT or Claude as opposed to the historic Google search or book to answer their questions!
If used carefully, AI can improve efficiency, speed, and perhaps simply, the user’s energy.
There has however been a noticeable trend whereby parties to legal proceedings have turned to the use of AI to construct their arguments rather than contacting qualified legal professionals for their expertise.
While parties may feel that they do not need help, there are underlying faults with this “DIY” approach. Many of these problems come down to AI’s nature of ‘guessing’.
One case that has attracted significant attention in legal circles is that of Ayinde v Haringey [2025] EWHC 1383 (Admin). Often cited as a leading example of the risks associated with AI-generated legal research, the case has raised important questions about the role of artificial intelligence in legal settings. The High Court considered submissions containing non-existent case law which appeared to have been generated by AI, highlighting the potential for seemingly credible information to be entirely inaccurate. The case serves as a reminder that while AI can be a useful tool, it should not be relied upon, particularly where legal proceedings and court submissions are concerned.
While there may be a hope that a ‘fake’ case simply goes under the radar, the risk is that if discovered, the AI-reliant party may lose out on an otherwise strong case, and may even be liable for the costs of the winning party.
Judges have also expressed their concerns, stating that the use of AI may seriously undermine confidence in the justice system and potentially result in AI-using parties facing hefty fines or even contempt of court proceedings.
It must be noted, there is no doubt that AI is now firmly present in everyday life and, arguably, can be viewed as a valuable tool. However, there remains an important conversation to be had about its proper place within the legal field, and the importance of seeking independent legal advice where appropriate.
For independent legal advice and support Mowll & Mowll are here to help. We advise on a wide range of matters, including Wills and Probate, Litigation, Conveyancing, and Family Law.
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