R (Ayinde) Vs London Borough of Haringey; Al-Haroun Vs Qatar National Bank QPSC & Anr. (High Court of Justice, King’s Bench Division, Divisional Court)
The Royal Courts of Justice considered two cases referred under its Hamid jurisdiction arising from the actual or suspected use of generative artificial intelligence by lawyers in preparing court documents. The central concern was the inclusion of false legal authorities, fabricated quotations, and inaccurate legal propositions in documents filed before the court, together with the professional responsibilities of lawyers who rely on AI-generated material.
The court recognised that artificial intelligence is a valuable tool for litigation but emphasised that it carries significant risks. Freely available generative AI tools are not capable of conducting reliable legal research and may generate fictitious cases, inaccurate quotations, or incorrect statements of law. Lawyers who use AI for legal research remain under a professional duty to verify all outputs against authoritative legal sources before relying on them in court. That responsibility extends equally to lawyers relying on work prepared by others. The court further observed that legal organisations, chambers, firms, and regulators must ensure lawyers understand and comply with these professional and ethical duties when using AI.
The judgment reviewed existing professional guidance issued by regulatory bodies, which consistently warns that AI-generated material must never be accepted without verification. It also summarised the professional duties applicable to barristers and solicitors, including duties not to mislead the court, to present only properly arguable submissions, to provide competent legal services, and to remain accountable for work carried out on their behalf. The court explained that failure to comply may attract sanctions including wasted costs orders, regulatory referrals, contempt proceedings, strike-out of proceedings, or, in exceptional circumstances, referral for criminal investigation.
