Damned if you do and damned if you don’t; directive on the use of AI in law
Summary
The UK Jurisdiction Taskforce has published a Legal Statement on Liability for AI Harms, warning that professionals may face liability both for failing to use AI where a reasonable practitioner would have done so and for using AI without adequate oversight. The statement says the common law of England and Wales can address many AI-related issues, but also identifies areas where the law remains uncertain and may require government action.
Why it matters
For residential property surveyors, the article highlights emerging expectations around the competent use of AI in professional work, including the need to manage errors, bias and oversight. It also signals that liability risks may arise from both using AI and not using it where it could reasonably improve professional performance.
Key points
- UKJT says failure to use AI in appropriate circumstances could amount to a breach of duty.
- Misuse of AI, especially without sufficient oversight, may be found negligent.
- Liability may arise where third parties suffer physical or economic loss linked to AI use or non-use.
- The Legal Statement says current law in England and Wales is flexible but still uncertain in some areas.
- The Law Society welcomed the clarification but said government action is needed on remaining gaps.
This is an RPSA summary of a publicly available article. The full content remains with the original publisher.
