On 21 November 2024, Practice Note SC Gen 23 – Use of Generative Artificial Intelligence (Gen AI) was published. Some of the prohibitions and limitations on the use of Gen AI used in litigation include:
- A general prohibition on ‘Information subject to non-publication or suppression orders, the implied (Harman) undertaking not to use information produced under compulsion for any purposes extraneous to the proceedings without the leave of the Court, material produced on subpoena, or any material that is the subject of a statutory prohibition upon publication must not be entered into any Gen AI program.’
- Gen AI must not be used in generating the content of affidavits, witness statements, character references or other material that is intended to reflect the deponent or witness’ evidence and/or opinion, or other material tendered in evidence or used in cross examination.
- Affidavits, witness statements, character references should contain and reflect a person’s own knowledge, not AI-generated content.
- Gen AI must not be used for the purpose of altering, embellishing, strengthening or diluting or otherwise rephrasing a witness’s evidence when expressed in written form.
- An affidavit, witness statement or character reference must contain a disclosure that Gen AI was not used in generating its content.
- Where Gen AI has been used in the preparation of written submissions or summaries or skeletons of argument, the author must verify in the body of the submissions, summaries or skeleton, that all citations: (a) exist, (b) are accurate, and (c) are relevant to the proceedings.
- Gen AI must not be used to draft or prepare the content of an expert report (or any part of an expert report) without prior leave of the Court
Access the Gen AI Practice Note here
