Scottish SCL: Blind Faith in Code: The Horizon Scandal & the Future of AI Evidence

The Post Office Horizon scandal has become one of the most significant miscarriages of justice in modern legal history, raising fundamental questions about the role and reliability of computer‑generated evidence in judicial proceedings.

In this lecture, Flora Page KC draws on her frontline experience acting for subpostmasters at the Post Office Horizon IT Public Inquiry and in the landmark Hamilton and others appeals. She will examine how the courts and investigators approached computer evidence, including the use of expert witnesses, the adequacy of disclosure, and the operation of evidential burdens—most notably the long‑standing presumption that computer systems are reliable.

Flora will explore how that presumption operated in practice, the consequences when it proves misplaced, and the systemic issues that contributed to the failures exposed by the Horizon scandal. She will also consider the wider implications for legal practitioners, courts, and regulators when dealing with complex technological systems.

Looking forward, the lecture will address the growing use of AI‑generated evidence and the risks of repeating past mistakes. It will offer a timely and thought‑provoking assessment of how legal frameworks must evolve to ensure that technological evidence is properly scrutinised, tested, and understood. This is essential listening for lawyers, technologists and policymakers navigating the intersection of law, evidence and emerging technologies.

Speaker:
Flora Page KC is a leading barrister at 23ES Chambers with a distinguished practice spanning public law, commercial disputes, and complex litigation involving technology and expert evidence.

She appeared for a group of Core Participant subpostmasters in the Post Office Horizon IT Public Inquiry, where she cross‑examined key witnesses, including Fujitsu’s expert responsible for the design of critical aspects of the Horizon system. Flora also played a central role in the historic Hamilton and others appeals, formulating the successful argument which led to the quashing of multiple wrongful convictions.

Flora is widely recognised for her expertise in cases involving technical and expert evidence, and for her ability to distil complex systems into compelling legal arguments. Alongside her advocacy practice, she is Chair of the Board of Trustees of the Institute of Business Ethics and a sought‑after speaker on issues at the intersection of law, technology and public trust.

She delivered the prestigious Heilbron Lecture in November 2024, titled “No Choice but to Trust”, reflecting her continuing engagement with questions of institutional accountability, evidential reliability and the challenges posed by increasingly complex technological systems.