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AI in the witness box

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Minesh Tanna & David Bridge set out a new framework of guidance for experts who use AI

  • The Academy of Experts has published guidance for experts, setting out various forms of AI use, categorising them by risk and setting parameters for when and how experts might safely use them while complying with their duties to the court.
  • Many expert witnesses use AI but they have until now had little by way of guidance.

Artificial intelligence (AI) is being used in a variety of ways for expert evidence, from forensic analysis and medical diagnostics to financial modelling and data analysis. Potentially, there are significant advantages—speed of drafting, accuracy of presentation and the ability to trawl large data sets—as well as risks such as bias, hallucinations and the challenge of validating complex algorithms. None of the established rules or guidance relating to expert evidence specifically addresses how experts should approach the use of AI in preparing reports for parties in disputes.

Given the high-profile issues that

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