Introduction
The UK legal system is poised to encounter significant challenges in litigation due to the lack of comprehensive guidance on the use of generative AI. To address this, the International Legal Technology Association (ILTA) has introduced a Generative AI Guide to assist legal professionals in navigating these complexities.
Description
Former High Court Judge Dr Victoria McCloud warns that the UK could face significant litigation challenges without proper guidance on the use of generative AI in legal contexts [1]. The International Legal Technology Association (ILTA) has launched a Generative AI Guide aimed at assisting litigators in the Business and Property Courts of England and Wales [1] [2]. Co-chaired by Fiona Campbell and Tom Whitaker [1] [2], the guide builds on the previously established Active Learning Best Practice Guide [2], which is currently under review [2]. Both documents address a critical gap in Practice Direction 57AD [2], which promotes the use of technology in disclosure but lacks specific implementation guidance [2], leading to inconsistent practices and unnecessary negotiations [2].
James MacGregor [1], chair of ILTA’s Litigation SIG and co-author of the guide [1], emphasizes that these resources provide a standardized approach to tech-assisted review (TAR) [1], which can help minimize disputes over technical procedures and associated costs [1]. The guide aims to establish a framework for the effective use of technology in document review [2], potentially reducing the time and costs associated with challenging AI-reviewed disclosures [3]. It also addresses concerns regarding the use of proprietary AI models that may create unfair advantages due to differing tools and unknown biases [3], seeking to streamline the legal discovery process by establishing industry-accepted rules.
The Generative AI Guide is set to be officially launched on May 6, 2025 [1] [3], at an ILTA event in London [1] [2] [3], where a panel of contributors will discuss its legal and operational implications [3]. Following the launch [1] [3], the document will undergo a public consultation phase for industry feedback until June 2025, with a final publication anticipated in September 2025 [1] [2].
Conclusion
The introduction of the Generative AI Guide by ILTA represents a significant step towards standardizing the use of technology in legal proceedings. By providing a structured framework, the guide aims to reduce inconsistencies and disputes, ultimately leading to more efficient and cost-effective legal processes. The forthcoming public consultation will further refine the guide, ensuring it meets the needs of the legal community and addresses potential biases and disparities in AI applications.
References
[1] https://legaltechnology.com/2025/04/25/ilta-launches-generative-ai-guide-to-help-litigators-with-disclosure-ground-rules/
[2] https://www.legalsupportnetwork.co.uk/resource/ilta-launches-gen-ai-guide-as-an-addendum-to-the-active-learning-best-practice-guide/
[3] https://www.allaboutai.com/ai-news/ilta-launches-ai-guide-for-legal-disclosure-standards/
