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“Unfortunately, for me at least, the tangential scattergun, smorgasbord approaches and references coupled with euphemisms formed outside of Europe approaches of this tool were a poor second to human oversight, I have come to expect and anticipate in actual statement and representation during a case.”

Key Takeaway This article analyses two new AI hallucination cases from the UK courts: Re A, B, C, D [2026] EWFC 71 and Brightwaters Energy Limited v Eroton Exploration and Production Company LTD [2026] EWHC 296. It explains how suspected…

"...There is no reason why that duty should not also apply to lay persons, as otherwise the management of cases in courts and therefore the course of justice could be significantly obstructed..."

"117...When asked about this, his explanation was that he thought it was chat GPT which caused the voice to be heard from his mobile phone once his smart glasses had been removed. That lacks any credibility."

Ad/Marketing Communication This legal article/report forms part of my ongoing legal commentary on the use of artificial intelligence within the justice system. It supports my work in teaching, lecturing, and writing about AI and the law and is published to…

38. In our judgement, a supervisor who fails to ensure that the work of a more junior fee-earner does not contain false cases or citations is likely to be more culpable than a lawyer who fails to ensure that his own work is free from such “hallucinations”. An individual in the latter camp fails the tribunal, the public and his lay client, whereas an individual in the former camp fails, in addition, to aid the development of more junior lawyers."

I continue to hold the view that, serious though hallucinations are, they do not come close to the evidential challenges posed by deepfake material. Deepfake evidence may prove to be one of the most significant issues we will need to confront as a profession and I remain concerned about how any jurisdiction will respond once the problem becomes more acute.

Ad/Marketing Communication This legal article/report forms part of my ongoing legal commentary on the use of artificial intelligence within the justice system. It supports my work in teaching, lecturing, and writing about AI and the law and is published to…

Ad/Marketing Communication This legal article/report forms part of my ongoing legal commentary on the use of artificial intelligence within the justice system. It supports my work in teaching, lecturing, and writing about AI and the law and is published to…

“...We attach no blame to him, since he is a litigant in person but we have recorded the names so that others do not fall into the same trap...”