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04 July 2025
Issue: 8123 / Categories: Legal News , Dispute resolution , Artificial intelligence , Technology
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NLJ this week: Faking it? AI and the rise of forged evidence in litigation

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There is a growing threat of forged evidence in civil litigation—now supercharged by generative AI—which Ian Gascoigne of LexisNexis explores in this week’s NLJ

From the Bitcoin creator case to WhatsApp screenshots and AI-generated documents, Gascoigne shows how courts are grappling with increasingly sophisticated fakery. He revisits key cases, including Arrow Nominees v Blackledge and Takhar v Gracefield, to illustrate how courts assess and respond to fabricated evidence.

Gascoigne warns that AI tools can create convincing fakes with no obvious signs, making the ‘sniff test’ and metadata analysis more vital than ever. He urges litigators to challenge suspect documents under CPR 32.19 and to demand draft versions where appropriate.

With US courts already drafting rules on machine-generated evidence, Gascoigne calls for urgent action from UK regulators to ensure authenticity and uphold the duty not to mislead the court.

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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