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ARTICLE · 10 JUNE 2026

AI And The Courts: Cautions From Offshore

Collas Crill
Collas Crill
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Collas Crill

Collas Crill

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The Channel Islands courts have issued cautionary guidance on the use of artificial intelligence in litigation, emphasizing that all parties bear personal responsibility for ensuring AI-generated legal materials are accurate and not misleading. Recent judgments from Guernsey and Jersey highlight the risks of AI hallucinations and stress the duty owed to courts to verify the authenticity of cited cases and legal authorities.

JerseyLitigation, Mediation & Arbitration
Karen Stachura
Karen Stachura
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The use of artificial intelligence (AI) in litigation is undoubtedly this year's hot topic. As with other jurisdictions, the courts in the Channel Islands are having to grapple with the difficulties which its use can pose in proceedings.

In two recent judgments from Guernsey and Jersey, the courts have cautioned the use of AI by those who appear before it. 

Guidance on the use of AI

The guidance from both courts is that all parties, including litigants in person, owe a duty to the court to ensure that cases or laws cited in legal argument are genuine and provide authority for the proposition being advanced.

In each case, the court cited with approval the comments of Baker LJ in the case of D (A Child) (Recusal)1, in which the Court of Appeal in England and Wales set out the following guidance:

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