Judge WhoHe
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judgewhohe.bsky.social
Judge WhoHe
@judgewhohe.bsky.social
170 followers 100 following 72 posts
English lawyer and judge. Architecturally inclined.
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That would be most welcome IMHO. As counsel I only cite authority that I actually provide a copy of and use. I am no fan of chucking in a dozen authorities just for 'beef' without actually using or citing them.
A remarkable database from Damien Charlotin (a Paris-based legal researcher) showing how widespread the misuse of AI has become in courts worldwide. Multiple daily entries are now being added. I suspect this is very much the tip of the iceberg...
www.damiencharlotin.com/hallucinatio...
AI Hallucination Cases Database – Damien Charlotin
Database tracking legal cases where generative AI produced hallucinated citations submitted in court filings.
www.damiencharlotin.com
Hollywood has been on the vanguard of this ethically dubious technology for some time. But this will now surely become a huge issue in wills and probate: the rights of the deceased to privacy and confidentiality in death. Non-AI exploitation clauses must surely already be on the way?
www.bbc.co.uk/news/article...
An incredibly disturbing vision of the future. These are not the victim's 'own words', but the family's best guess at his feelings. By all means, a victim's family can offer their own forgiveness. But the law should not permit them to reanimate a murder victim's corpse.
AI version of dead Arizona man addresses killer during sentencing - BBC News
With the help of artificial intelligence, a man was 'brought back to life' at his killer's sentencing to deliver a victim's statement himself.
www.bbc.co.uk
This is the vanguard for the approaching false citation army.
The 3 case numbers at 11am are all the same case. Still, 5 is a lot for one court!
The constitutional ramifications of seeking to introduce GenAI into judicial decision making has been chronically overlooked for too long. Good to see some proper critical analysis here.
Do we have a right to a human judge? In their new paper, JUSTICE’s AI lead EllenLefley and Prof Mimi Zou argue that we do.

Find the paper here (already in the top ten downloaded papers from Law & Society: Courts eJournal on SSRN!): bit.ly/42yFgWx
Generative Artificial Intelligence and Article 6 of the European Convention on Human Rights: The Right to a Human Judge?
This chapter examines the use of generative artificial intelligence (AI) in judicial decision making and its implications for the right to a fair trial as set o
bit.ly
Begotten, not created.
I suppose in part, the 'point' (if there is such a singular concept) of an LLM is markedly different to the current use case, particularly when the most common gimmick use is as a wasteful and inaccurate google search, replete with inaccurate citation.
www.cjr.org/tow_center/w...
AI Search Has A Citation Problem
We Compared Eight AI Search Engines. They’re All Bad at Citing News.
www.cjr.org
I don't think an answer can be fairly given without unpicking the detail of "using copyrighted material to train AI"

The words 'using' and 'train' do a lot of heavy lifting when so many AI outputs will quite literally generate wholesale copyrighted sources verbatim.
Absolutely. Yet pushing up issue fees year and year in this manner just pours fuel on the fire. It is a blank cheque (the fee could be doubled and the claims would still be issued) which ends up being underwritten by D litigants who would very often qualify for HWF exemption. It's ruinous.
Certainly. But with LAs issuing s.114s left right and centre, compliance with the Code would appear (anecdotally at least) to fall away very quickly.
Increasingly, tenants are being told by local authorities not to vacate their property under a s.21 notice until court order. But that now incurs a cost of the £404 court fee + fixed costs, which is then passed onto the tenant at the most financially precarious time in their life.
More than ever I wonder how society would react if a similar level of fees were introduced to the NHS. The sums that must now be paid for routine minor hearings, including Small Claims and Fast Track are rapidly becoming unaffordable for many.
Give it a couple of years and he might be onto something...
Would love to hear HH weave this into a Headhunters set
I likewise credit this immense groove for a lifelong obsession with all things jazz-funk. A great dissection here for the music geeks.

www.youtube.com/watch?v=TMtG...
The detailing of this masterpiece (outside and in) is just outstanding. Always such a pleasure to see it.
This is not to blame LiPs for doing the above, but to observe that starving the justice system of legal aid has meant that emails such as this are now de rigueur. Boxwork is often consumed with navigating the minefield of unilateral correspondence from litigants needing assistance.
"Litigants in person must not think that by writing emails to a court office during ongoing proceedings, they will receive legal advice in response. Furthermore, an email raising questions about their case is not the same as a formal application for determination by a judge." (¶42)

100 times yes.
Mayet v Osman (Appeal - Costs of Non-Molestation Order) [2025] EWFC 24 (13 February 2025):
Appeal by husband against costs order made after dismissal of his application for a non-molestation order. Appeal allowed. www.bailii.org/ew/cases/EWF...
Mayet v Osman (Appeal - Costs of Non-Molestation Order) [2025] EWFC 24 (13 February 2025)
www.bailii.org
I partially agree, but the issue always is what to do in the face of non-compliance. With civil cases it is simple enough to simply vacate with a reprimand and wasted costs. Less so when a family have already been waiting so long for a hearing and desperately need progress.
You're quite right as to its clarity. Adherence to the clarity is a different matter altogether(!) It might help for a higher court to shout about the same...
Some clearer guidance for family bundles would also be welcome. Of my 6 cases today, one had a 961-page core bundle and a 1,298-page 'supplemental' bundle. Another had a mere 462-page core bundle but also a 1,076-page disclosure bundle.
It can be tough to find the wood for the (many, many) trees.
"These lies include...the obtaining of a probate for the estate of Aamer Gull there was no such person distinct from the claimant himself, and he (the claimant) had not died"

Remarkable.
Lovely design. Is the existing facade 1980s?