On 14 April 2025, the updated Judicial Guidance titled Artificial Intelligence (AI): Guidance for Judicial Office Holders was released which applies to all judicial office-holders in England and Wales (the “AI Guidance”).

The AI Guidance reflects the growing presence of AI tools in legal practice, particularly their use in drafting court submissions. While acknowledging the potential benefits of such technologies, it raises significant concerns around accuracy, accountability and the security of sensitive information.

Key Indicators of AI-Generated Submissions

Addressing the use of tools such as ChatGPT by legal professionals and litigants, the AI Guidance provides practical indicators to help judges identify AI-generated submissions, including:

• References to cases that do not sound familiar, or have unfamiliar citations (sometimes from the US),
• Parties citing different bodies of case law in relation to the same legal issues,
• Submissions that do not accord with your general understanding of the law in the area,
• Submissions that use American spelling or refer to overseas cases, and
• Content that (superficially at least) appears to be highly persuasive and well written, but on closer inspection contains obvious substantive errors. Judges are encouraged to scrutinise such submissions, particularly when they diverge from established legal principles.

Accountability Remains with Legal Professionals

Importantly, the AI Guidance reminds legal professionals that the use of AI does not absolve them of responsibility. Lawyers remain fully accountable for the accuracy and reliability of any material submitted to the court, including that generated with AI assistance.

Security and Ethical Risks

Security risks are also highlighted, such as the dangers of uploading confidential client data to AI platforms, and the emerging threat of AI-generated “deepfake” legal documents.

Judicial office-holders are encouraged to be alert to these developments and act accordingly.

Implications for Cyprus

Although the AI Guidance is specific to the UK, the issues it raises are directly relevant to the Cypriot legal system.

As AI tools continue to be adopted in legal practice, both practitioners and the judiciary in Cyprus should remain alert to their ethical, professional and security implications.

Ensuring the accuracy of legal submissions and safeguarding sensitive information are responsibilities that transcend jurisdictions.