English judiciary sets out ‘cautious but positive’ approach to AI adoption

Emilie Jones, commercial litigation expert at Pinsent Masons, was commenting on a new statement on the judicial use of AI issued by Sir Colin Birss, president of the Business and Property Division and the judiciary’s lead judge for AI. The statement outlines a framework under which AI can, within guardrails, be deployed to support judicial work but not replace judicial decision-making.

The position statement confirms that the judiciary will take a “cautious but positive” approach to AI, with the technology adopted to “support but not replace judicial decision-making” and subject to “strict safeguards and robust testing”.

The statement reveals that the judiciary has already been piloting AI tools to assist with tasks including summarisation, transcription, document analysis, chronology building, redaction and producing more accessible written outputs. However, the statement stresses that judges remain solely responsible for judicial decisions.

Jones said: “Properly used, AI has real potential to further enhance the reputation of the English courts, through helping judges to perform their judgment-writing and other duties both more quickly and to a higher standard.”

“Use cases such as supporting anonymisation, writing in more accessible language, and identification of internal inconsistencies, which Sir Colin Birss has spoken about previously, are great examples of how AI can both enhance efficiencies and assist in producing a more polished judicial output, without in any way displacing the role of the world-renowned English judiciary in determining the outcome of cases,” she said.

The publication also sheds light on the governance structures being established around judicial AI adoption. A central steering group chaired by Birss is tasked with assessing legal, ethical, operational, security and data protection considerations before any new AI products, pilots or use cases are introduced.

The statement confirms that judges may use only approved AI tools meeting specified requirements, including UK data residency, enterprise data protection and disabled web access.

The approach builds on comments made by Birss earlier this year, when he revealed that the judiciary had approved a secure version of Microsoft Copilot and a system developed by HM Courts & Tribunals Service and the Ministry of Justice for judicial use. Speaking in April, he also outlined a number of practical use cases already being explored, including transcription, anonymisation and the identification of internal inconsistencies in draft judgments.

The new position statement sits alongside the judiciary’s existing AI guidance, first issued in 2023 and updated several times since.

The statement should also be viewed in the context of Birss’ forthcoming appointment as Master of the Rolls, one of the most senior judicial roles in England and Wales.

Jones said: “The appointment is a positive sign that the English courts and judiciary will continue to modernise as AI becomes an integral part of dispute resolution. The current Master of the Rolls, Sir Geoffrey Vos, has for many years been a leading voice for the integration of technology into the justice system, and Sir Colin Birss is similarly known for his technological expertise and as an influential voice on the modernisation of civil justice including the appropriate use of AI.”