header-logo header-logo

Birss LJ on experts, transparency & AI

Expert witness reports are to be made available to the public in digital form, under a pilot project in the business and property courts, Lord Justice Birss has said

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.

MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged
The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX
The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment
The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language
The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers
back-to-top-scroll