Starting a claim using AI generated documents

If you are considering bringing a claim against someone, and you are thinking of using documents generated by artificial intelligence or AI, there are several important considerations you need to be aware of, before you do so. 

Using AI to draft a letter of claim

The first step in almost every claim, is to send your opponent a letter of claim. Different types of claim have different protocols which need to be followed, to allow your opponent to properly understand your case. 

Using AI to draft a letter of claim can seem like you are saving money on lawyers' fees and taking control of the case yourself. However, we see multiple cases where we have to start again with letters of claim which have been drafted by AI, as the content simply doesn't comply properly with the relevant protocol, or the AI platform has missed vital information. There can be cases where the AI letter of claim is simply wrong, which can weaken your position significantly if that later has to be corrected. 

If you want to send a letter of claim to your opponent using AI to draft the correspondence, you should consider asking a solicitor to check the letter before it is sent, to make sure you are not damaging your case. 

Using AI to draft court proceedings

When you issue a claim against a defendant, you put yourself at risk of having to pay their costs, if your claim fails. It is therefore vital that you ensure that your claim is properly drafted, that you have included all of the relevant information which needs to be included, and that you have not included material which should (for example) be included in witness evidence rather than the claim documents. 

There have been multiple cases where AI generated court documents have referred to cases which simply don't exist. When those claims come to court, judges have tended to award costs to the other party, as everybody's time is wasted. This should serve as a stark warning to anyone considering using an AI platform to draft claim documents, rather than consulting a specialist lawyer. 

If you have drafted a claim using AI, it would be wise to seek legal advice before you pay the court fee to issue the claim. A lawyer will be able to tell you if any amendments need to be made before the claim is issued. 

If you have to amend a claim after it has been issued and served on your opponent, you generally have to pay any costs your opponent incurs as a result. 

Using AI to draft witness statements

There are strict rules governing what should and should not be included in witness evidence to be presented in court, as well as strict rules concerning how witness statements should be signed. If a valid statement of truth is not included in a witness statement, it can be rendered invalid. 

If you are using AI to draft witness evidence, there is a real risk that the key issues in the claim would be missed, and the witness statement would end up as a narrative rather than addressing the specific issues in the claim and defence. 

It is also very important that witness evidence does not include any hearsay, which an AI platform might not necessarily be able to identify.

My opponent is using AI to draft claim documents

If your opponent in a case is using AI to draft important documents, such as an initial letter of claim, claim documents, or witness evidence, there is every chance that the documents will be defective, which could help you be successful in your defence. 

If your opponent's letter of claim does not comply with the protocol because they have used AI to draft it, there are various ways in which we would be able to mount counter arguments for you and you may never hear from your opponent again. 

If your opponent has brought a claim against you using an AI generated claim form or particulars of claim, there is a chance the claim has been so poorly drafted that it would be susceptible to being struck out. The judge would not let a claimant use mistakes made by AI as an excuse. They would simply look at whether the claim has been drafted properly and if it has not, impose sanctions on the claimant, which would usually mean paying costs to the defendant.

If your opponent in a case has used AI to draft court documents, you should seek legal advice to see whether you can get the claim struck out, or get costs awarded in your favour. 

Get legal advice about AI generated claims

There is simply no substitute for seeking legal advice from an expert, if you are thinking of bringing a claim against someone, or if someone is threatening to bring a claim against you. 

If you use AI to create letters and court documents, you have no recourse at all if the material turns out to be wrong. It is different if a solicitor makes a mistake drafting letters of claim documents, as in those circumstances you would be able to sue them for professional negligence. You can't sue an AI platform, and you could find yourself in the unhappy position of having a perfectly valid claim which you cannot pursue, as the claim documents have not been prepared properly. 

If you want advice about how to start a claim, contact one of our expert lawyers today. We can check AI generated letters and court documents, and tell you whether any amendments need to be made before they are sent to your opponent. We can do this on a fixed fee basis, which could save you a great deal of costs in the long run, if the AI generated material is defective.