UKResearch
SSRN: Vasey says generative AI cannot stand in for legal representation in English and Scottish courts
In an October 13, 2026 SSRN preprint, Simon Vasey argues that litigants who use general-purpose AI tools to prepare and argue cases in England and Wales and in Scotland gain no change in legal position, and that no tool can satisfy statutory schemes requiring a representative. He warns that weighing cheaply produced AI-assisted argument shifts costs onto courts, particularly summary courts.
Key points
- Vasey posted the article on SSRN on October 13, 2026.SSRN
- He argues AI use leaves an unrepresented litigant's legal position unchanged and cannot meet statutory requirements for a representative.SSRN
- Checking that cited authorities exist is becoming cheap and automatable, but weighing AI-produced argument falls on the court.SSRN
- He hypothesizes AI helps litigants understand procedure and organize facts but causes delay where written legal argument dominates.SSRN
- Backlog measures moving work into summary courts and onto the papers widen the pool of unrepresented parties filing AI-assisted material.SSRN
- The article closes with proposals for both jurisdictions and an outline of research needed to test the argument.SSRN