The Divisional Court has now delivered its judgment in the ongoing saga of the hallucinated AI cases: R. (Ayinde) v. LB Haringey [2025] EWHC 1383 (Admin).
Some of the lawyers involved only narrowly missed being subjected to contempt proceedings, which might have resulted in their imprisonment. Their respective regulators have been charged by the Court with fully investigating what has happened – but also with examining the supervision and management of the then pupil barrister who had submitted false cases, and with ensuring that more is done to ensure lawyers follow the existing guidance on the use of AI.
At para.9 Dame Victoria Sharp P. said, “practical and effective measures must now be taken by those within the legal profession with individual leadership responsibilities (such as heads of chambers and managing partners) and by those with the responsibility for regulating the provision of legal services. Those measures must ensure that every individual currently providing legal services within this jurisdiction (whenever and wherever they were qualified to do so) understands and complies with their professional and ethical obligations and their duties to the court if using artificial intelligence.”
The consequences of not doing so are clear. If you are managing a law firm, but have not ensured that your firm and those who work for and with it act appropriately, you may find yourself having to explain what has occurred on your watch. Responsibility for training lies on individual practitioners but also on those who supervise, manage and employ.
1. Educate yourself about AI, how it works, what it can do, and the risks.
2. Educate your team. Ideally all of them. From top to bottom, including admin and accounts staff, all need to know the possible risks in their area of work.
3. Ensure you have an AI policy and that it remains effective.
4. It’s not going to go away. Consider your future strategy.
5. Read the Ayinde judgment as a first step: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2025/1383
As for the rest, we can help. Get some AI training for you and your firm.
