Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 81
Conclusion
The Legal Statement sets out a wide ranging and
thoughtful analysis of how existing English common
law may accommodate harms caused by AI.
The authors conclude that the 昀氀exibility of the
English legal system will allow it to address the novel
issues arising from the use of AI without needing
speci昀椀c legislation or other external developments.
This, they argue, should assuage any concerns that
the use of AI may result in unclear liability for its
errors.
However, the Legal Statement also makes clear
that there are many ways in which AI tools, and the
claims that might arise from their use, are unique.
As such, whilst existing law may well be able to 昀氀ex
to accommodate these aspects of claims relating
to AI, there will remain potential uncertainty as
to where liability will fall when it arises outside of
contractual arrangements - until a body of case law
is established.
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EXPERT WITNESS JOURNAL
79
APRIL 2026
