Cork and another v Smith [2026] EWHC 1199 (Ch) and the use of Artificial Intelligence
In the recent case of Cork and another v Smith, the High Court publicly admonished a law firm and two of its solicitors (a senior associate and partner) after they had produced and submitted two AI-generated letters to the court containing misleading and false information in relation to a block transfer application made under Rule 12.37 of the Insolvency (England and Wales) Rules 2016.
Evidence provided by the firm demonstrated that a junior solicitor had utilised an AI tool that was being piloted by the firm to undertake some research and produce a letter to the court. However, the AI tool had altered the purported text of the Insolvency Rules and therefore set out text which did not exist. When challenged on this by the Court, the firm did not correct the error but used AI further in an attempt to explain away the non-existent Rule it had previously sought to rely on.
The Judge had accepted that the senior associate and partner had not intended to mislead the court and were not aware that AI had been used. Additionally, the firm had self-referred themselves to the SRA. However, the solicitors had not adequately supervised the junior associate, nor did they check the purported text of the Rule, even when prompted to do so by the AI tool.
Ultimately, the Judge decided that public admonishment, along with the SRA self-referral, was an appropriate response. The Judge also concluded that starting contempt proceedings against the junior would be inappropriate given the junior’s lack of experience, the limited harm done and the SRA referral.
You can access the full judgment here: Anthony Malcolm Cork & Anor v Mark Smith – Find Case Law – The National Archives
