Monday, December 8, 2025

Understanding the Role and Responsibilities of Expert Witnesses

The legal profession has increasingly integrated AI tools, including generative AI like ChatGPT, into dispute resolution. While these tools assist in summarizing data and administrative tasks, accuracy remains a critical concern. Updated guidance from the Courts and Tribunals Judiciary emphasizes the importance of judicial independence, impartiality, and the necessity of validating AI-generated content to avoid misinformation. Recent cases highlight the consequences of inaccurate AI use, leading to professional censure for misrepresentations in court documents. Additionally, expert witnesses are urged to comply with Civil Procedure Rules, ensuring their opinions are independent and verifiable. A Bond Solon survey revealed that while AI usage among experts is growing, many express hesitation due to the fear of criticism. Legal professionals must prioritize confidentiality, verify AI-generated information, and maintain accountability. Solicitors are encouraged to regulate expert AI usage by providing clear instructions and ensuring compliance with judicial standards.

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