The original 300-page document contained material purported to be from another judgment from 2021 – the case brought by Maya Forstater against the Centre for Global Development Europe.

But the quoted text never appeared in that judgment, leading some to suggest that AI was used in the preparation of the Peggie judgment.

Ms Forstater told The Courier: “I know that judgment inside out, and I thought [after reading the NHS Fife judgment], those words are not there.”

Yesterday, Judge Sandy Kemp admitted the mistake after the newspaper reported the controversy.

The Judicial Office said it was a “clerical mistake, error or omission”, with the incorrect section now replaced by a new paragraph from the Forstater judgment. It has, however, refused to explain what caused fabricated quotations to appear in the judgment.

Ms Forstater said: “I knew this was wrong and it’s good it’s being amended. But I am astonished that it happened and I would like an explanation of how it happened. Errors like this just add to the growing feeling that this is not a sound judgment.”

Judge Kemp and the panel wrote in the judgment: “Secondly, there are different protected characteristics under the act but there is nothing stated specifically within the act itself, or the court’s decision, that one protected characteristic takes precedence over any other.

“In Forstater v CDG Europe and others UKEAT/0105/20 the Employment Appeal Tribunal had emphasised that: ‘It is important to bear in mind that the [Equality Act 2010] does not create a hierarchy of protected characteristics’.”

But this line was never in Forstater. To compound matters, The Telegraph reports that there was a second fabricated quotation in Judge Kemp’s original ruling.

Tess White MSP, Scottish Conservative shadow equalities minister, said: “It’s extremely concerning that the Sandie Peggie judgment included a quote that appears to have been completely fabricated.

“An urgent explanation of how this was allowed to happen is now essential.”

Ms Peggie, a nurse, had sued her employer after she was suspended following a changing room row with Dr Upton, a trans woman, at Kirkcaldy’s Victoria Hospital on Christmas Eve in 2023. She had objected to the pair sharing the female facilities. Judge Kemp found that the health board harassed Ms Peggie but dismissed all of her claims made against Dr Beth Upton.

Ms Peggie is appealing the judgment.