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Chatbot & AI guidance refresh for judges

17 April 2025
Issue: 8114 / Categories: Legal News , Technology , Artificial intelligence , Legal services , Profession
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Judges, clerks and support staff have been issued with updated guidance on artificial intelligence (AI)

This replaces guidance given in December 2023. It includes a warning that AI chatbots are now being used by unrepresented litigants, and may be the only source of assistance they receive.

‘If it appears an AI chatbot may have been used to prepare submissions or other documents, it is appropriate to inquire about this, ask what checks for accuracy have been undertaken (if any), and inform the litigant that they are responsible for what they put to the court/tribunal,’ the guidance states.

Indications of chatbot or AI usage include US spelling, unfamiliar citations of cases, content that is persuasive but has obvious substantive errors, and references to unfamiliar or overseas cases.

The guidance, issued this week by Baroness Carr, the Lady Chief Justice, and other senior judiciary, also adds new sections on misinformation, bias and dataset quality, expands the glossary of AI terms and introduces Microsoft Copilot Chat for judicial office holders through eJudiciary accounts. It reassures judges that, as long as they are logged into their eJudiciary accounts, data entered into Copilot remains secure and private.

View the guidance here.

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Brabners—Ben Lamb

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Real estate team in Yorkshire welcomes new partner

NEWS
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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
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From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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