Judge Issues Warning on AI Use After Fake Law Cited in Court
A judge has cautioned users of artificial intelligence (AI) technology that they may face contempt of court proceedings after AI generated fictitious legislation and false references in a case he presided over.
Sheriff John MacRitchie handled a case at Kirkcaldy Sheriff Court involving landlords seeking £5,000 in rent arrears from two former tenants.
The defendants, a company named Your Home Partners, informed the sheriff that they were relying on legislation titled the Interest on Debts (Scotland) Act 1985. However, this legislation does not exist.
The sheriff described the claimants' actions as reckless but decided not to find them in contempt of court.
"The lodging of false legal references has the potential to obstruct justice."
He further explained that the company did not "knowingly" attempt to "interfere with the administration of justice" by wasting court time, which influenced his decision not to hold them in contempt.
In Scotland, contempt of court can result in penalties including up to two years in prison or an unlimited fine.
Your Home Partners also claimed reliance on decisions made by tribunals that had heard similar cases.
Officials in Kirkcaldy repeatedly informed Your Home Partners that the sheriff court was not the appropriate venue for the case and advised them to pursue it in a tribunal instead.
Despite this, the firm, which was representing itself without legal counsel, asserted it was "relying on legal authority," leading Sheriff MacRitchie to permit the matter to be argued before him.
The judge stated he was unable to locate the legislation or the tribunal cases Your Home Partners cited to support their legal arguments.
Court staff contacted the relevant tribunals and were informed that the cases did not exist.
The company later admitted that both the cases and the legislation were fabricated and disclosed that AI had been used in preparing their case.
'Reckless Reliance on AI'
The judge referenced an English case involving Haringey Law Centre and Haringey Council, where legal action was taken against a lawyer who used a fabricated law as a defense.
In what is believed to be the first instance of such an issue arising in Scots law, Sheriff MacRitchie noted that AI use has the potential to consume valuable court time unnecessarily.
"There was a degree of recklessness in the claimant delaying verifying that the references produced by artificial intelligence were genuine, until only after the relative submissions were lodged.
There is a fine line in this instance between whether the claimant and its individual partners, even as lay persons, have shown contempt for the court by not reasonably checking that such references were genuine before using them in this manner, or otherwise."
The sheriff dismissed the claim to recover the alleged rent arrears, noting that the law specifies that the correct venue for such actions is a specialist tribunal.
"What this claim does highlight, is the dangers of a reckless reliance on artificial intelligence by any party without verifying that the same is genuine, and the potential for a party being found in contempt of court in circumstances such as these, even if done in good faith."
