How AI Invented a Law in a Scottish Court and What it Taught Us

We’ve probably all been there. You have a question about your legal situation, it’s late at night, and ChatGPT is right there. It’s quick, it sounds knowledgeable, and it gives you a confident answer. What could go wrong?

As it turns out, quite a lot, and a Scottish court case from just a few months ago makes the point rather vividly.

The case that made Scottish legal history

In March 2026, a property company brought a rent arrears claim to Kirkcaldy Sheriff Court. Acting without a solicitor, the company told the court it was relying on the "Interest on Debts (Scotland) Act 1985". Court staff checked. This Act does not exist and never has. The case references that the company cited were also fictitious. When challenged, the company admitted it had used AI to prepare its case.

Sheriff John MacRitchie described the approach as reckless and warned the company it had come perilously close to contempt of court (a finding that in Scotland can carry up to two years in prison or an unlimited fine). 

This is thought to be the first time a Scottish court has directly addressed what people are calling an "AI hallucination": when an AI system produces information that sounds authoritative but is entirely made up.

Why this matters for family law

Although this case involved a landlord dispute, the lesson is just as relevant for anyone using AI to navigate a separation, a custody arrangement, or any other family law case in Scotland.

Scottish family law has its own distinct rules, terminology, and procedures that differ significantly from the rest of the UK. An AI tool trained on general legal content, or even UK-wide content, may give you information that is simply wrong for your situation. Worse, as Kirkcaldy shows, it may invent legislation entirely, doing so without any indication that something is amiss.

This is not a reason to avoid AI altogether. Used carefully, it can be helpful to understand broad concepts or for generating questions to bring to your solicitor. But there is a clear line: nothing generated by AI should ever be submitted to a court, cited as legal authority, or treated as a substitute for qualified Scottish legal advice. The consequences of crossing that line are serious.

The bottom line

AI tools are not lawyers. They do not know Scots law reliably. And as one Scottish sheriff has now made very clear, the court will not look kindly on those who treat them as if they do.

For expert advice and legal assistance you can count on, contact our family law team today on 0131 622 8477 or email beverley@johnsonlegal.co.uk.