The Bar Society has released new guidance to barristers on the use of Artificial Intelligence (AI). This follows a slew of cases referencing hallucinated citations, in particular the 2025 case of Ayinde v London Borough of Haringey. 

The issue of AI-generated hallucinated citations has led to criticism from a variety of judges, including a recent hearing before Judge Bailey in the first-tier tax tribunal, Omar Rafique v HMRC [2026] UKFTT 673 (TC), who observed that in the matter before them “the majority of the cases relied upon by (the Appellant) Rafique either do not exist, do not support the propositions in the way stated in his emails, or they have been superseded by more recent case law.” 

Rafique admitted to using AI to help prepare submissions, but as he had not been deliberately using the hallucinated citations to mislead the court, he escaped a contempt of court charge. Bailey went onto note: “I understand why a litigant in person might think that using AI could help. I am sympathetic to the possible perception of a litigant in person that use of AI might create a more level playing field… but all parties – whether legally trained or not – are under an obligation to ensure that what they submit to the FTT (or any other tribunal or court) is factually correct and true.”

Although the advice itself is written for and aimed at barristers, it is useful reading and guidance for anyone in the legal profession. The guidance states that “we encourage all barristers to maintain a basic level of general technology and AI competence, to understand how it may impact your practice even if you do not use the technologies yourself”.

The guidance encourages members of the bar to take a risk-based approach to new technologies including AI, and encourages good practice principles including:

• Considering how AI use will impact their ability to fulfil the Core Duties and rules in the BSB Handbook
• Maintaining a basic level of technology and AI awareness
• Evaluating the risks, benefits and costs of new technologies before using them
• Ensuring IT systems and data governance are properly implemented
• Being transparent, upholding client confidentiality and protecting sensitive information
• Recognising that clients, solicitors and opposing parties may use AI tools and how this use may impact barristers’ responsibilities.