When AI goes wrong: The dangers of unchecked content

The legal profession, like many others, is increasingly embracing the power of Artificial Intelligence (AI). From legal research to document review, AI offers the promise of an enhanced efficiency and deeper insights. However, the recent High Court Decision in Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC 1040 (Admin)  serves as a reminder of the critical need for human oversight. 

The case involved a judicial review claim brought on behalf of a housing applicant against the London Borough of Haringey. The local authority applied for a Wasted Costs Order against the Applicant’s Solicitors and Counsel for citing cases that did not exist in support of their client’s application for judicial review. 

The Applicant’s Solicitors and Counsel, who referred to the mistakes as “minor citation errors” and “cosmetic errors”, were penalised by way of a Wasted Costs Order for including five fabricated case citations in their submissions to the Court. 

However, this has since sparked a wider conversation, particularly with the suggestion that artificial intelligence may have played a role in generating the legal authorities used in the submissions.

In an increasingly digital world, we are facing a growing challenge: the reliance on AI tools in legal research without rigorous human oversight. While AI tools can offer undeniable advantages in terms of efficiency and access to vast databases, they are not infallible. The data can contain errors and should not be relied upon without rigorous verification. 

The Courts rely heavily on the accuracy and integrity of the information presented to them. Judges make decisions based on case law and cited legislation. When such citations are false or incorrect, it undermines the justice system. 

This case also serves as a reminder of the fundamental ethical obligations of solicitors. The SRA Code of Conduct imposes a duty on solicitors to not mislead the court and to ensure that a competent service is provided to all clients. The introduction of AI does not absolve legal professionals of their responsibility to conduct thorough research and verify the accuracy of all submissions. On the contrary, it has become even more critical in a digital era where misinformation can be so easily generated. 

The potential consequences of failing to double-check information and documents prepared, as illustrated by the case above, are significant. Beyond financial penalties, the damage to professional reputation and the erosion of trust in the legal system are immeasurable.