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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