Mrs Justice Joanna Smith: AI Expert Evidence Speech Guides UK Courts on Expert Duties

• Mrs Justice Joanna Smith addressed the Bond Solon Expert Witness Conference on artificial intelligence and expert evidence.
• She emphasized that core expert duties of independence, objectivity, transparency, and competence remain unchanged by AI.
• The judge's background as a barrister and current role in the BPD inform her focus on expert credibility.
• The key question is how experts can use AI responsibly, not whether it should be used or banned.
• Her speech provides vital UK expert witness AI guidance for integrating AI while upholding professional obligations.

The obligations of independence, objectivity, transparency and professional competence remain exactly the same as they were before the emergence of AI.

Mrs Justice Joanna Smith recently delivered a significant address at the Bond Solon Expert Witness Conference, focusing on the evolving landscape of artificial intelligence in the context of expert evidence. Her speech, titled "Artificial Intelligence and Expert Evidence: Opportunities, Risks and Responsibilities," underscored the critical importance of maintaining established professional standards even as new technologies emerge. The judge's remarks provided timely UK expert witness AI guidance, emphasizing that the fundamental duties of experts remain paramount.

During her presentation, Mrs Justice Joanna Smith highlighted that the rapid advancement and integration of AI tools do not alter the core obligations of expert witnesses. She made it clear that the question is not whether experts should use AI, nor whether its use should be prohibited entirely from the expert process. Instead, the central inquiry revolves around how experts can responsibly, safely, and consistently integrate these tools while upholding their professional duties, particularly within UK courts.

A central tenet of Mrs Justice Joanna Smith's AI expert evidence speech was the unwavering nature of an expert's duties to the court. She stressed that the obligations of independence, objectivity, transparency, and professional competence are precisely the same as they were before the advent of artificial intelligence. These core principles, which are crucial for the credibility of any expert testimony, are not diminished or altered by the use of AI. Lawyers and compliance officers must ensure expert witnesses adhere to these fundamental duties when utilizing AI in UK legal proceedings.

This perspective is deeply rooted in her extensive experience with expert evidence. Mrs Justice Joanna Smith, having practiced as a barrister specializing in professional negligence and commercial litigation, frequently encountered cases where expert testimony was decisive. Her work involved close collaboration with experts from diverse fields, ranging from accountants and engineers to patent agents and even international gun experts. Now, as the interim Deputy President of the Business and Property Division, she regularly assesses the credibility of expert evidence during cross-examination, reinforcing her conviction that compliance with these fundamental duties is at the heart of reliable testimony.

The judge's address at the Bond Solon Expert Witness Conference provided critical guidance on the responsible integration of AI into expert testimony, highlighting that while tools evolve, core professional obligations remain unchanged. She reiterated that the credibility of an expert often hinges on their adherence to these fundamental duties to the court. Therefore, the focus for expert witnesses and the legal profession should be on developing methods for using AI that align seamlessly with these long-standing ethical and professional requirements.

The discussion around Artificial intelligence legal evidence UK is not about a blanket acceptance or rejection of technology. Instead, it is about a nuanced approach that acknowledges the potential benefits of AI while rigorously safeguarding the integrity of the judicial process. This involves ensuring that any AI-assisted work by expert witnesses is transparently disclosed, objectively applied, and competently managed, thereby upholding the essential standards expected in UK courts.

Lawyers and compliance officers must ensure expert witnesses adhere to fundamental duties of independence, objectivity, transparency, and competence when utilizing AI in UK legal proceedings. This speech provides critical guidance on the responsible integration of AI into expert testimony, highlighting that while tools evolve, core professional obligations remain unchanged.

Source: Original reporting via Mrs Justice Joanna Smith's speech