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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU "OWN" IT...

ARTIFICIAL INTELLIGENCE AND THE CITATION OF MISLEADING AUTHORITIES: ANOTHER WEEK, ANOTHER CASE: IF YOUR NAME IS ON THE DOCUMENT YOU “OWN” IT…

May 15, 2026 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

We are looking at another case where the judge has expressed major concerns about the use of Artificial Intelligence in the preparation of documents for the court.  The situation is now a (depressingly) familiar one where the use of AI…

ARTIFICIAL INTELLIGENCE IN THE PREPARATION OF WITNESS STATEMENTS: THERE IS NO SATISFACTORY EXPLANATION FOR THIS: HOW DOES THE JUDGE KNOW IT IS THE WITNESS'S OWN WORDS?

ARTIFICIAL INTELLIGENCE IN THE PREPARATION OF WITNESS STATEMENTS: THERE IS NO SATISFACTORY EXPLANATION FOR THIS: HOW DOES THE JUDGE KNOW IT IS THE WITNESS’S OWN WORDS?

April 30, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

We have another case where the judge considers the use of Artificial Intelligence in the preparation of witness statements.  It was held that there was no good reason for this.  He was concerned that ChatGPT had contributed to the witness…

MORE DECISIONS ABOUT ARTIFICIAL INTELLIGENCE AND "HALLUCINATED" CASES: THE UPPER TRIBUNAL IS FAR FROM HAPPY: LEGAL PROFESSIONALS WHO DELEGATE THEIR WORK REMAIN RESPONSIBLE FOR ENSURING ITS ACCURACY

MORE DECISIONS ABOUT ARTIFICIAL INTELLIGENCE AND “HALLUCINATED” CASES: THE UPPER TRIBUNAL IS FAR FROM HAPPY: LEGAL PROFESSIONALS WHO DELEGATE THEIR WORK REMAIN RESPONSIBLE FOR ENSURING ITS ACCURACY

February 20, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

As I’ve said before the hallucinated cases just keep on coming. The issues were considered by the Upper Tribunal (Immigration and Asylum Chamber) here.  There are important points about the need to supervise staff who undertake legal research. It is…

THE USE OF AI FOR PREPARING COURT DOCUMENTS: READ THE CIVIL JUSTICE COUNCIL INTERIM REPORT AND CONSULTATION

THE USE OF AI FOR PREPARING COURT DOCUMENTS: READ THE CIVIL JUSTICE COUNCIL INTERIM REPORT AND CONSULTATION

February 19, 2026 · by gexall · in Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content

The Civil Justice Council has produced an interim report and consultation document on the use of AI for preparing Court documents.  This is worthwhile reading. It summarises many of the current issues “Artificial intelligence (“AI”) has enormous potential to be…

A FURTHER EXAMPLE OF ARTIFICIAL INTELLIGENCE GENERATING PHANTOM REFERENCES AND FALSE QUOTATIONS

A FURTHER EXAMPLE OF ARTIFICIAL INTELLIGENCE GENERATING PHANTOM REFERENCES AND FALSE QUOTATIONS

January 30, 2026 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

We see the another example of the dangers of the use of Artificial Intelligence in this case.  Two authorities relied upon by a respondent did not contain the words attributed to them, none of them supported the propositions that had…

PROVIDING LEGAL SUBMISSIONS WITH INACCURATE CASE SUMMARIES: THE REPRESENTATIVE WHO WOULD "NEITHER CONFIRM OR DENY" THAT AI WAS USED

PROVIDING LEGAL SUBMISSIONS WITH INACCURATE CASE SUMMARIES: THE REPRESENTATIVE WHO WOULD “NEITHER CONFIRM OR DENY” THAT AI WAS USED

January 14, 2026 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Relief from sanctions

We are returning to the vexed issue of the (mis) use of Artificial Intelligence when providing written submissions to the court (in the case the First Tier Tribunal).  The judge found that summaries provided were inaccurate.    The judgment points…

REVIEW OF THE YEAR (2) - THE WORST PART: "HALLUCINATED" CASES IN THE COURTS: HOW IS ARTIFICIAL INTELLIGENCE BEING HANDLED & WHAT DOES THE FUTURE HOLD FOR AI AND LAWYERS?

REVIEW OF THE YEAR (2) – THE WORST PART: “HALLUCINATED” CASES IN THE COURTS: HOW IS ARTIFICIAL INTELLIGENCE BEING HANDLED & WHAT DOES THE FUTURE HOLD FOR AI AND LAWYERS?

December 12, 2025 · by gexall · in Applications, Artificial Intelligence, Avoiding negligence claims, Civil evidence, Civil Procedure, Conduct, Members Content

If I had to pick the most frightening development of the year it is the revelation that parts of the legal profession have been relying on “hallucinated” (that is false) cases they have “found” by using Artificial Intelligence.   Here we…

AI USED IN THE WRITING OF A JUDICIAL DECISION:  READ ALL ABOUT IT...

AI USED IN THE WRITING OF A JUDICIAL DECISION: READ ALL ABOUT IT…

September 23, 2025 · by gexall · in Applications, Artificial Intelligence, Civil evidence, Civil Procedure, Members Content

There has been much discussion of the advantages, and disadvantages, in lawyers using AI. This is clearly going to be a major issue for the legal profession going forwarded.   Last week I reviewed Andrew Hogan’s book on this topic. There…

ARTIFICIAL INTELLIGENCE IN THE COURTS: SELECTED HIGHLIGHTS FROM THE JUDICIAL GUIDANCE

ARTIFICIAL INTELLIGENCE IN THE COURTS: SELECTED HIGHLIGHTS FROM THE JUDICIAL GUIDANCE

April 10, 2024 · by gexall · in Civil evidence, Civil Procedure, Members Content

We have looked before at problems caused by Artificial Intelligence being used in court.   It is worthwhile looking at the Courts and Tribunals Judiciary publication “Artificial Intelligence (AI) Guidance for Judicial Office Holders. It shows some of the dangers in…

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