PRACTICE NOTES
AI-related civil claims in England and Wales: parties, procedural tools, evidence and experts, remedies, collective actions and ADR
Managing artificial intelligence (AI) related civil disputes
This Practice Note explains the considerations for dispute resolution lawyers managing claims that involve AI. It surveys the principal procedural questions that arise when bringing a civil claim where the dispute’s subject concerns AI technologies. It is directed at proceedings where AI sits at the heart of the dispute rather than appearing at the margins.
The distinctive aspects of adopting AI, combined with its technical character in a fast-moving landscape, create intricate litigation issues, including:
who develops it,
how it is embedded within existing systems,
its level of autonomy and capacity for self-learning/correction, and
the consequences for third parties.
Across any factual backdrop, the initial tasks in evaluating a civil claim include identifying the parties, pinpointing potential causes of action, setting out the elements needed to prove a successful claim, and assembling the evidence (factual and/or expert) that will support your client’s position, as well as material that may undermine the viability of the claim.
Further issues are likely to arise concerning jurisdiction, service, and enforcement. For an example of how these matters may unfold in practice, see the hypothetical case study in Practice Note: Managing an AI-related dispute—hypothetical case study...
Dispute Resolution