Buckland urges courts to use costs rules against AI-generated ‘slop’
Former lord chancellor Sir Robert Buckland KC told a Costs Law Reports conference that judges should use the CPR 44 costs regime to deter litigants from flooding courts with unnecessary AI-generated filings, the Law Gazette reported on September 26, 2026. He argued no special AI costs rule is needed, but courts should warn that responsibility for accuracy remains with the filer and that unreasonable AI-driven prolixity can affect costs. He distinguished uninformed AI use from irresponsible reliance after warnings.
Key points
- Buckland said AI has changed litigation economics by removing the natural cost brake on prolix filings.Law Gazette
- He said existing CPR 44 powers can address unreasonable conduct without a special AI costs rule.Law Gazette
- He urged early court warnings that AI may be used as an aid but filers remain responsible for accuracy and proportionality.Law Gazette
- He distinguished uninformed AI use from continuing to rely on fabricated authorities after being told they do not exist.Law Gazette
- He said professional lawyers cannot treat AI generation as a defense to putting material before the court.Law Gazette