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AI & fraud—the new frontier for disputes?

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Dan Wyatt, Chris Whitehouse and Olivia Dhein investigate the rise of deepfakes and other AI-augmented scams
  • Explores how AI can be used for fraudulent purposes, such as deepfakes and phishing.
  • Sets out how current law in England and Wales can tackle these threats.

Never has it been easier to generate fake images, video and audio for fraud than in the time of generative artificial intelligence (AI). This article considers how the technology can augment almost any type of fraud, and how the English legal playbook stands up against this threat.

What is AI & what are guardrails?

To understand the new potential for fraud, it is helpful to first understand what large language models (LLMs)—the newest iteration of AI—are, and how they generate their output.

LLMs are the technology that sits behind ChatGPT, probably the most famous example of generative AI. In highly simplified terms, these are computer models that respond with an answer to an input or ‘prompt’ by a human user, such as a question or instruction. When initially

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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