NLJ this week: Reviewing the rules on liability for AI harms

In this week’s NLJ, Ruth Pratt, professional support lawyer, dispute resolution, LexisNexis, considers the main points raised by two recent consultation documents.

First, the UK Jurisdiction Taskforce (UKJT) draft legal statement on liability for AI harms considers the circumstances in which English common law will impose liability for loss that results from the use of AI.

Second, the Civil Justice Council (CJC) consultation on using AI in the preparation of court documents addresses the situation where a legal representative must put their name to a document produced in court, for example, statements of case. Are the existing duties owed by legal professionals to the court sufficient? Should legal professionals be required to make an ‘AI use’ declaration?

Pratt writes: ‘Given the escalation of use of AI, and the rapid nature of its development, lawyers may wish to take a cautious approach. Protecting your own and your client’s contractual position on the use of AI is paramount.’