New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
While AI offers speed and data-processing power, risks include bias, hallucinations and loss of privilege.
The guidance categorises use into low, high-risk and prohibited, warning experts remain ultimately responsible for their opinions. Courts may soon expect disclosure of AI use, with one suggestion that reports should explain ‘how & why AI has been used’. Notably, Lord Neuberger hints future criticism may fall on those who fail to use AI at all.
The direction of travel is clear: AI is here to stay, but careless reliance could see evidence unravel under scrutiny.
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