AI and the Courts: What If Judges Rely Upon AI for Judgements?

Abstract The use of AI systems such as ChatGPT is increasingly contentious within the legal world. Several litigants and their lawyers have been discovered to have made use of the technology in preparing cases, only to fall victim to the technology’s tendency to invent fictitious authorities with judges in some cases reporting lawyers to their professional bodies to face disciplinary sanctions. For perhaps the first time, we now have a case, Peggie v. Fife Heath Board and Dr B Upton in the United Kingdom where the suggestion is that a judge has relied upon AI to produce substantial parts of a judgment without acknowledging the fact. This note assesses the potential significance of such action.