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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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NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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