Could AI Rescue Britain’s Broken Court System?

Cyrus Johnson asks the question, could a radical adoption of AI in Britain's legal profession help side-step its backlogs? The justification for Labour's 'Courts & Tribunals Bill (2026)' might have been avoided entirely with deft adoption of the right technology.

Could AI Rescue Britain’s Broken Court System?
The Backlog, after William Hogarth.
Cyrus Johnson ('AI Counsel') is a US-based attorney, executive and AI legal commentator notable for embracing AI tools unusually early and enthusiastically in a profession often slow to do so. He describes himself as long-standing private counsel to investment funds, family offices, Fortune 500 companies and high-net-worth clients since 2002. He runs the substack & podcast 'AI Counsel News', found at this link.


The UK’s court and tribunal system is buckling under the weight of rising caseloads. There are tens of thousands of unresolved asylum claims, immigration appeals, and employment disputes, with delays now measured in months and years rather than weeks. For the people caught in the system, that means uncertainty, lost income, family separation, and a growing sense that the state cannot process its own decisions in a reasonable time.

This is where AI could make a real difference. Used properly, automation could help triage cases, process documents, identify routine matters earlier, and improve access to guidance for people trying to navigate complex rules. It would not remove the need for judges, caseworkers, or legal scrutiny in sensitive matters. But it could take a large share of repetitive administrative work off their desks.

Some recent figures illustrate the scale of the problem. 

The UK’s asylum backlog stood at around 91,000 pending applications at the end of December 2024, still high by historical standards despite being 31% lower than the record levels reached in 2022. At the end of 2024 there were nearly 42,000 asylum appeals waiting in the courts, a 485% rise from the start of 2023. Employment tribunals were facing unprecedented delays, with more than 52,000 single cases outstanding as of March 2025. The broader point is simple: the present system relies too heavily on slow, manual processing. Adding more staff may help at the margins, but it does not address the underlying administrative model. AI offers a way to modernise that model.

For non-technical readers: these are not especially large datasets by modern AI standards. A corpus of 138,000 documents is modest compared with the datasets typically used to train or fine-tune contemporary systems.

The Immigration Backlog

The UK asylum backlog remained high by historical standards at the end of 2024, standing at around 91,000 pending initial decisions. The number of asylum appeals waiting in the courts rose nearly fivefold in two years, reaching close to 42,000 at the end of 2024, up from just over 7,000 at the start of 2023.

These pressures reflect a combination of high migration volumes, increasingly complex rules, and overstretched administrative capacity. The financial cost of operating the UK’s asylum system rose to £5.4 billion in 2023/24, driven largely by increased reliance on hotel accommodation. The result is a process that is slower, more expensive, and harder for applicants and officials alike to navigate.

Automated Document Triage

One of the clearest uses for AI is document triage. Natural language processing tools can scan applications, extract key facts, organise supporting evidence, and identify missing or inconsistent information before a case reaches a human decision-maker.

The Home Office has already trialled tools in this area. Small-scale pilots conducted between May and December 2024 found that the Asylum Case Summarisation tool could save around 23 minutes per case when reviewing interview transcripts, while the Asylum Policy Search tool saved decision-makers an average of 37 minutes per case when searching for country policy information. Those are useful gains, but they only scratch the surface of what a more integrated system could do.

A stronger version of this approach would allow applications to be sorted automatically into different tracks. Straightforward cases could be identified early, routine matters could be processed more quickly, and more complex or higher-risk cases could be escalated for human review. That would free caseworkers to spend their time where judgment actually matters.

Editor's note: this publication considered the limited, but effective, role of AI-based triage systems in "The Judiciary & AI, Strange Bedfellows", by Michael Reiners. Initially published in the Critic Magazine in 2024, this essay was written in response to the The UK’s Guidance for Judicial Office Holders on AI was published on December 12 2023.

Predictive Analytics for Case Management

AI could also help identify patterns in historical decisions and use them to support case management. That does not mean letting a model decide an asylum claim. It means using past outcomes, appeal histories, country information, and case features to flag files that are likely to be straightforward, likely to be appealed, or likely to require closer scrutiny.

Used carefully, this could reduce unnecessary delays. Of the appeals that received a substantive decision in 2024, 47% were successful and resulted in the overturning of the Home Office’s initial decision — suggesting that better upfront case assessment could prevent many of those cases from reaching the tribunal at all. Likewise, cases showing markers associated with fraud or security concerns could be prioritised for more detailed human investigation.

The goal here is not to replace judgment with statistics. It is to help officials allocate attention more intelligently.

Multilingual Applicant Guidance

A large share of delay is caused by incomplete applications, missing documents, avoidable errors, and repeated requests for clarification. AI-powered multilingual guidance tools could reduce that friction.

Integrated chat systems could explain requirements in plain language, answer common procedural questions, and help applicants submit complete forms the first time. They could also screen for missing documents before a file enters the queue. That would benefit both sides. Applicants would get faster and clearer guidance, while officials would receive fewer defective submissions and spend less time correcting avoidable mistakes.

The Employment Tribunal Backlog

The same pattern appears in employment law. Active tribunal claims, including both single and multiple cases, climbed to 515,000 by the end of September 2025, with the open caseload for single cases alone rising to 52,000 — a 33% increase year on year. New claims have continued to rise, driven by a weaker labour market, changing workplace expectations, and upcoming legal reforms.

These delays harm workers and employers alike. Claims can take up to 18 months to process, with some hearings now listed as far ahead as 2028, meaning those who have suffered substantial financial loss through dismissal or discrimination may face a very long wait before receiving any remedy.

The position may become even harder once the Employment Rights Act takes full effect. The government’s own figures estimate that an extra six million people will gain the right to bring unfair dismissal claims once the qualifying period drops from two years to six months.

Outcome Modelling and Settlement Support

One practical use of AI in employment disputes is early case assessment. By analysing pleadings, contracts, communications, and prior tribunal decisions, AI tools can estimate the range of likely outcomes and identify cases that are strong candidates for settlement.

This would not eliminate disagreement, and it would not remove the need for lawyers or judges. But it could make the economics of a case clearer much earlier. If both sides can see how similar claims tend to resolve, they may be more willing to settle rather than spend a year waiting for a hearing.

Evidence Review and Summarisation

Employment disputes often involve large volumes of emails, policies, contracts, messages, and internal records. Reviewing this material takes time and money.

AI tools are well suited to that kind of work. They can surface relevant communications, group documents by topic, summarise timelines, and identify inconsistencies across the evidence. That does not end the need for legal review, but it can drastically reduce the amount of manual sorting required before a hearing.

For judges, lawyers, and tribunal staff, the value is simple: less time spent digging through paperwork, and more time spent on the substance of the dispute.

Digital Mediation Support

Some employment cases are not blocked by legal complexity so much as by mistrust, poor communication, or emotional escalation. AI-assisted online mediation platforms could help by structuring discussions, highlighting points of agreement, and suggesting settlement pathways based on similar resolved cases.

That would be particularly useful in disputes involving flexible working, discrimination, or dismissal, where the legal and interpersonal issues often overlap. A well-designed system could encourage resolution earlier without forcing parties into a full hearing.

Another area where AI could be useful is public legal guidance. In the UK, many people have only a vague understanding of their rights under Article 10 of the European Convention on Human Rights. At the same time, the law governing online speech has become more complex, especially with the implementation of the Online Safety Act.

That combination creates a problem. People may either overestimate what the law allows or self-censor because they do not know where the boundaries lie.

Rights Guidance Tools

AI-powered legal guidance apps could help explain free speech protections in plain English. A user could describe a situation and receive a clear summary of the relevant principles, possible risks, and available complaint or appeal routes. That would not be a substitute for legal advice in serious cases, but it could give people a much better starting point than they currently have.

A stronger version of the same idea would be an AI assistant trained on case law and public legal materials, capable of giving preliminary guidance with reasons. The key point is explainability. Rather than simply producing an answer, the system should show why it reached that answer and which legal principles or precedents it relied on. That kind of tool could make basic legal understanding far more accessible, especially for people who cannot afford to consult a solicitor every time they face a speech-related question.

Preventive Compliance Tools

AI could also be used more proactively. With consent, users could run posts or statements through a tool that flags possible legal risks and suggests alternative wording. In some cases, that could prevent avoidable legal trouble without undermining legitimate expression. Used properly, tools like this would not police speech. They would help people understand risk before they stumble into it.

For readers interested in how AI is already being used across the legal sector, the following platforms are a useful starting point: Docketwise for immigration document processing and extraction; Pre/Dicta for litigation and case outcome prediction; Harvey AI for legal analysis and drafting; Lexis+ AI for research and summarisation; CoCounsel for evidence review and legal workflows; Boundless for immigration guidance; NexLaw for mediation support; Clearbrief for legal document management and writing assistance; Cecilia AI by DISCO for document review and summarisation; and Immi-bot for immigration guidance.

Conclusion

Britain’s legal and tribunal backlogs are not just a staffing problem. They are a systems problem. Too much of the work is still handled through slow, repetitive, administrative processes that are badly suited to modern caseloads. The Courts and Tribunals Bill (2026), introduced in February 2026, proposes to remove defendants’ rights to elect jury trial for a wide range of mid-level offences as a way of freeing up Crown Court capacity. It is a significant constitutional step, and one that might not be necessary if the administrative machinery upstream were functioning more efficiently.

AI is not a magic fix, and it should not be allowed to make high-stakes legal decisions without oversight. But it can do a great deal to reduce delay, improve triage, support caseworkers, and make legal processes easier to navigate. In an overburdened system, that alone would be a serious improvement.

The choice is not between human judgment and automation. It is between preserving human judgment for the decisions that truly require it, or continuing to bury it under paperwork.