Misuse of AI in court and the consequences (Ayinde v Haringey & Al-Haroun v Qatar National Bank)
Dispute Resolution analysis: The Divisional Court has ruled on the consequences of misusing artificial intelligence (AI) in court proceedings. Following two referrals arising from actual or suspected misuse of generative AI by lawyers, the court used its inherent powers to enforce the duties owed by lawyers to the court (the Hamid jurisdiction). The judgment provides vitally important guidance to practitioners on their duties to the court and to their professional regulators when using AI. It also explains the sanctions likely to apply for misuse of AI including public admonishment, strike out and costs sanctions, referrals to regulators, contempt of court and, in the most egregious cases, referral to the police for criminal investigation. The judgment also provides a comprehensive index of cases from around the world where fake citations (or other misleading material) have been placed before the court. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.