One signal

UK judge Mrs Justice Joanna Smith has urged expert witnesses to tell courts and instructing solicitors when AI has shaped the substantive content of their reports, rather than waiting for a formal rule. Her warning gives experts a practical prompt: check their instructions and raise intended AI use with solicitors.

Smith sketched what a declaration might cover: the method used, whether AI was appropriate for the task and, exceptionally, the tool itself. She also warned that undeclared use could invite searching questions in cross-examination. The Law Society Gazette reported her remarks at a conference on 7 November. The account says there is currently no rule requiring such declarations, so this is guidance from a judge, not a new court requirement. The paperwork may be catching up, but the professional obligations are not on holiday.

Discuss: Should expert witnesses disclose every use of AI in preparing a report, or only when it shapes the substance of their opinion?

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