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16 October 2026 / Ian McDougall
Issue: 8181 / Categories: Opinion , Artificial intelligence , Liability , Technology , Consumer , Tort
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Keep calm & apply the law

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© Getty images

Established legal principles already hold most of the answers to AI liability, argues Ian McDougall

In 1865, Parliament, alarmed by steam traction engines on the public roads, passed the Locomotives Act. It required a person to walk 60 yards ahead of any self-propelled vehicle carrying a red flag, and limited speed to four miles an hour in the country and two in town. The Red Flag Act survived until 1896. We laugh now, but that foolishness rested on an assumption we still make, namely that something new must need new law.

I find that assumption increasingly wearying. When the internet arrived, we were assured that cyberspace lay beyond the reach of settled law, and then Godfrey v Demon Internet Ltd, in 1999, resolved a dispute over an online posting with the ordinary law of defamation. Judge Frank Easterbrook had already warned, in 1996, that there was no more need for a ‘law of cyberspace’ than for a ‘law of the horse’. Horses produced sales, injuries

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Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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