The rise of AI tools has undoubtedly transformed access to information and communication. In many areas, this has been a positive development. However, within the litigation sphere, there has been a growing and increasingly problematic trend emerging. This has seen the widespread use of AI by Litigants in Person (LiPs).

We have seen an influx of LiTs relying on AI tools to draft claims or generate detailed written content within a matter of seconds, allowing them to access information and present legal arguments in ways that would have otherwise required professional assistance. Whilst AI can, in some cases, help individuals structure their arguments and articulate themselves more clearly, it is not always the case and often, AI has given LiTs an inflated perception of the merits of their case. Its use also presents challenges for employers, their legal teams and places more unnecessary strain on an already over stretched Employment Tribunal system.

Issues arising from AI use

• The rise of AI assisted claims - LiTs are now regularly using AI to draft a whole host of legal pleadings/documents. This has resulted in LiTs pursuing broad “kitchen sink” type claims where multiple speculative claims are pursued in the hope that one may just stick, without any real understanding of the legal thresholds required to establish such claims. It has resulted in LiTs advancing legal principles or case law that is often misunderstood, irrelevant, or entirely inaccurate. As a result,...

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