The pilot will start in the commercial court in the Rolls Building. The dates have not yet been specified.
Birss LJ, giving a speech at the Expert Witness Institute annual conference in June, said ‘many documents such as experts report can be made available to the public once deployed in court—albeit the process in the CPR is relatively cumbersome.
‘The idea of this pilot… is to use digital technology to make some of these documents more readily available—thereby improving the transparency of the proceedings, which is a fundamental of our justice system’.
Birss LJ, who has just been approved as the next Chancellor of the High Court, emphasised that the court needs to understand the basis for the expert’s opinion so it can evaluate it and decide what weight to put on it. He gave the example of an expert who uses artificial intelligence (AI) as a search tool to sift through large volumes of material. The expert would not have to declare this.
However, if the method of searching became relevant—for example, if a statement is made that these are the only important documents in the collection—then the use of AI would need to be disclosed.
Birss LJ told delegates the Civil Justice Council is currently considering ‘whether there need to be rules relating to the use of AI in the preparation of court documents—like pleadings, witness statements and expert’s reports’.
He also advised that experts will have a chance later this year to question the 20-page limit for reports in claims above the fast track, as the Civil Procedure Rule Committee is ‘conducting a stock take’ of the fixed costs provisions.
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