The President of the King’s Bench Division, Dame Victoria Sharp, has delivered a judgment about the use of AI by lawyers in court proceedings, after the referral of two cases where documents filed with the court included a number of fake authorities.

In a clear warning to those tempted to rely too much on AI systems, the judgment explains that “artificial intelligence is a tool that carries with it risks as well as opportunities. Its use must take place therefore with an appropriate degree of oversight, and within a regulatory framework that ensures compliance with well-established professional and ethical standards if public confidence in the administration of justice is to be maintained”.

The judgment is clear that existing generative AI tools “are not capable of conducting reliable legal research” and that those who use them for research purposes have a professional duty to check accuracy by reference to authoritative sources.

It also calls on senior members of the legal profession to take “practical and effective measures” in order to mitigate the risks of misusing AI and avoid undermining the administration of justice and public confidence in the system.

There are existing resources for lawyers on how to use AI responsibly, including advice on Generative AI from the Law Society, and guidance for barristers from the Bar Council. However, in light of clear indications from the President of the King’s Bench Division that not enough is being done, we can doubtless expect more guidance to be on the way.

In the meantime, the message is clearly one of exercising extreme caution in using these tools in proceedings, or risk consequences such as costs sanctions, a referral to regulators, or a finding of contempt of court.

To read the judgment in full, click here.