Summary

The Court excluded consideration of the expert testimony of an expert on the dangers of AI and misinformation, after he submitted an expert declaration which included fake AI-generated citations to two academic articles.

Learning points

Learning points for experts

• Don’t use an AI tool unless you fully understand it. Consider seeking training if you are not fully confident with the tool.

• Generative AI tools can be extremely useful for research, but it is vital to verify the information they provide.

• Don’t assume that, because the AI generated material is in your area of expertise, you will be able to pick up any errors ‘by eye’.

• If you haven’t already, review our article on How not to use AI in expert evidence and listen to our podcast on AI and the Expert Witness.

• Be cautious in citing an academic article that you haven’t read.

Learning points for instructing parties

• Ask the experts you instruct if, and if so how, they intend to use AI in preparing their expert evidence.

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