No further edits to NHS Fife trans row judgment despite new bogus quote claims
Court officials say the Sandie Peggie tribunal ruling will not be amended again as it's claimed artificial intelligence (AI) may have been used.
By Justin Bowie
December 12 2025, 5:06pm
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Sandie Peggie speaking in Dundee. Image: PA.
No further changes will be made to the controversial NHS Fife trans row tribunal ruling even as concerns over new bogus quotes emerge, court officials have confirmed.
The Judicial Office says any new complaints about the judgment will be a matter for appeal, one day after a significant edit to the 300-page document was made.
The Courier revealed on Thursday that the judgment was being amended because a fabricated quote from another tribunal had been included.
The line – supposedly from a separate case brought by gender campaigner Maya Forstater – had to be removed.
Judge Sandy Kemp, who presided over Ms Peggie’s tribunal against NHS Fife, said the blunder was a “clerical” mistake, error, or omission.
Fresh mistake
But a similar row erupted one day later over another quote included in the judgment which appears to be entirely bogus.
Paragraph 793 of the ruling refers to a tribunal between Northern Irishman Gareth Lee and a baking company, sparked after the firm refused to make a cake promoting same-sex marriage.
It reads: “The rights to freedom of thought, conscience and religion, and to freedom of expression, enshrined in articles 9 and 10 of the European Convention on Human Rights, are protected by sections 6 and 13 of the Human Rights Act 1998.
“The rights to respect for private and family life, and to freedom from discrimination, protected by articles 8 and 14, are also engaged. There is no hierarchy of rights; all are to be treated with equal respect.”
However, this wording cannot be found anywhere in the judgment being referred to.
And it’s not the only problem spotted by campaigners.
A campaign group, named Not All Gays, is referred to as Not For Gays on page 301 of the judgment.
Angry activists say this makes it look as if they do not support gay rights.
The group has written to the tribunal requesting a clarification.
The Sandie Peggie judgment was amended. Image: PA.
The Courier put seven key questions to the Judicial Office over the initial error related to Ms Forstater’s case.
We asked how a bogus quote came to be used, where exactly it came from, why this was merely described as a “clerical” error, who was responsible, and when the error was first identified.
The Judicial Office said it was unable to respond to any of this for legal reasons.
That’s due to the principle of judicial independence – to ensure the courts do not interfere with tribunals like Ms Peggie’s against NHS Fife.
Was AI used?
The Courier also asked for clarification over claims around the use of artificial intelligence (AI) in the tribunal ruling.
Campaigners and lawyers have suggested AI may have formed at least some of the judgment, and believe this could explain the entirely bogus quotes.
Ms Forstater, chief executive of gender charity Sex Matters, told The Courier: “It looks like it could be AI.
Sex Matters chief executive Maya Forstater.
“That could be an explanation for it.
“We deserve an explanation.”
Matthew Scott, a barrister, also made a link between the ruling and AI on social media site X.
“AI is very useful when it comes to writing those lengthy judgments which can easily turn out both turgid and error-strewn,” he said.
The courts have even produced guidance for the use of AI in tribunals.
“Judicial office holders are personally responsible for material which is produced in their name,” it reads.
“Judges must always read the underlying documents.
“AI tools may assist, but they cannot replace direct judicial engagement with evidence.”
The ruling for Ms Peggie’s tribunal was first published on Monday.
Dr Beth Upton at the NHS Fife tribunal. Image: Kenny Smith/DC Thomson.
It found that NHS Fife had harassed the Kirkcaldy hospital nurse due to its botched handling of the fallout of the scandal.
The saga first erupted when Ms Peggie confronted trans doctor Beth Upton in a Victoria Hospital changing room on Christmas Eve in 2023.
Ms Peggie’s claims of discrimination, sexual harassment, and victimisation against her employer failed.
All claims against trans medic Dr Upton were rejected.
The judgment favoured Dr Upton’s account of the changing room altercation over Ms Peggie.
On Thursday, the nurse’s lawyers confirmed she intends to appeal the tribunal ruling.
Speaking in Dundee, Ms Peggie said the judgment “falls short”.