AI in Expert Evidence: Legal Implications for Civil Litigation and Housing Disrepair

Artificial intelligence (AI) is rapidly transforming the landscape of expert evidence within civil litigation and housing disrepair cases, offering significant opportunities while simultaneously raising significant concerns. Among the most pressing and troubling developments is the phenomenon of AI hallucinations, instances where AI confidently provides false or misleading information. However, this is far from the only concern.

Could large language models (LLMs), such as ChatGPT, themselves qualify as expert evidence, or reliably support traditional expert opinions? Equally concerning, what implications might arise from the growing sophistication of deepfake technology, potentially giving rise to "Deepfake Experts" whose authenticity is difficult to verify?

In this article, I explore recent legal cases that have tackled these pressing issues. By analysing judicial responses, I offer insights into where the courts currently stand and anticipate how legal practices might evolve as AI becomes increasingly prevalent in expert evidence.

I have also provided some practical guidance based on my own experiences, detailing the proactive measures I now implement when assessing expert reports influenced or produced by AI technologies. This includes outlining the common pitfalls and challenges I regularly encounter.

While it is unsurprising that courts remain cautious about fully embracing AI-generated evidence, recent developments suggest an increasing willingness to consider its potential evidential value. Notably, LLMs like ChatGPT have begun to surface within judicial discourse, marking a tentative yet meaningful shift towards recognising AI's capabilities and limitations.

Read the full article here.