AI and the Law

In this episode Katherine Apps KC speaks with Tom Whittaker, Head of AI (Advisory) at Burges Salmon LLP about the uses and perils of AI in complex disclosure exercises. They also discuss the practicalities, challenges and legal issues involved with litigation about large computer systems and AI systems. They discuss some of the recent case law concerning inadvertent disclosure of privileged m...

In this episode Katherine Apps KC speaks with Saara Idelbi, a new member of 39 Essex Chambers about AI and the Courts. They discuss the recent Divisional Court (England and Wales) case of  R(Ayinde) v the London Borough of Hackney  [2025] EWHC 1383 (Admin) and guidance to the legal profession. They discuss what that guidance means in practical terms, and highlight the key regulatory and...

David Mitchell speaks to Dr Tom West of Privacy International about the challenges which generative AI poses to individual privacy rights. In a wide-ranging discussion looking at the availability and efficacy of existing legal protections, Tom discusses the interventionist response of the Data Protection Authority in Italy to Chat GPT and DeepSeek, what privacy lawyers might glean from big tech co...

In this episode Katherine Apps KC discusses online safety and online harms with Jessica Zucker, Director in the Online Safety Group at OFCOM, the UK’s communications regulator. They discuss the nature of online harms and both the existing legal powers that apply to UK established Video Sharing Platforms, such as TikTok and OnlyFans . They also discuss Ofcom’s new powers under the UK’s Online Safet...

In this episode David Mitchell speaks to Hanna Basha and Mark Jones of Payne Hicks Beach about tackling deepfakes on behalf of clients who are victims of different types of AI-generated deepfakes ranging from image based sexual abuse, commercial exploitation and political disinformation. Drawing on their respective expertise in civil and criminal law, Hanna and Mark discuss the practical issues po...

In this episode Katherine Apps KC speaks with environmental law pioneer Stephen Tromans KC about similarities, differences and lessons which can be learned for AI from the development of environmental, nuclear, chemicals and contaminated land law. They touch on the balance between international and domestic legal toolmaking, the effectiveness, or otherwise, of human rights and the common law and...

In this episode Katherine Apps KC speaks with Jennie Thelen about the recent judgment of the First Tier Tribunal decision allowing Clearview AI’s appeal against the Information Commissioner’s fine for unlawful data processing for the development, marketing and use of AI software to “scrape” facial data from the internet and social media and for its use in facial recognition software. The Tribunal...

In this episode David Mitchell speaks with Barbora Bukovska from international freedom of expression organisation Article 19 about AI, freedom of expression and civil liberties .  David and Barbora discuss the recent European Court of Human rights judgment on the use of AI facial recognition on the Moscow Metro in Nikolay Glukhin v Russia (application no. 11519/20) in which Article 19 interve...

In this episode Katherine Apps KC speaks with Imogen Ireland , Senior Associate at global law firm, Hogan Lovells about AI and Intellectual Property law . Katherine and Imogen talk about who owns and creates AI generated material in copyright law and whether AI can create inventions that could be protected by patent law. They discuss how these issues have arisen in recent cases and how the Courts’...

In this episode Patrick Brodie, Head of Employment, Engagement and Equality at law firm, RPC, discusses with Katherine Apps KC the issues raised by use of large language models (LLMs) such as ChatGPT in a law firm environment. Katherine and Patrick discuss what LLMS are, what firms need to think about when drafting AI policies, what LLMs could do in a law firm context, how AI will impact on the tr...

In this episode Eimear McCann, Commercial Director at Trial view, discusses with Katherine Apps KC the uses of AI in commercial litigation software, both to mine large volumes of data and to generate answers, documents such as chronologies and help make commercial litigation more efficient. Eimear and Katherine also discuss the requirements of different Court rules and wider issues around protecti...

In this episode Bernie Maier a visiting Professor of Law at Kings College London in Cyberlaw shares his thoughts with David Mitchell on whether the teaching and learning of law will be changed by generative AI and if so, how. 

In this episode Professor Catherine Barnard , Professor of EU and Employment Law at the University of Cambridge discusses with Katherine Apps KC how discrimination claims could be litigated in the context of the use of AI.  Catherine discusses existing case law on algorithmic determinations and how the elements of a discrimination claim could be demonstrated by a claimant or organisation. Cat...

In this episode Michihiro Nishi , a partner at Clifford Chance in Tokyo discusses with David Mitchell his early experience of AI working as a lawyer in Silicon valley. Michihiro goes on to consider some of the current legal issues surrounding generative AI in Japan, including the lack of regulation and copyright protection which make Japan a “machine learning paradise” and pose a threat to the cou...

In this episode Baroness Shami Chakrabarti CBE , former director of Liberty and former Labour Attorney General 2016-2020, discusses with Katherine Apps KC the sorts of law she thinks is needed to regulate AI and what can be learned from other areas of law. She discusses the UK Government’s White Paper on AI, principle based regulation and how her views have changed since receiving briefings on AI...

In this episode Stephanie Boyce , the former President of the Law Society of England and Wales, discusses with David Mitchell the ethical implications of generative AI upon the legal profession including the potential for unlawful bias in its application. On a practical note Stephanie considers how lawyers’ everyday practices might be affected by generative AI and from the point of view of court u...

In this episode 39 Essex Chambers CEO introduces the podcast series.  Katherine Apps KC and David Mitchell talk about the issues they will be discussing with their guests about over this series. They also define what they mean by AI, types of AI and talk about how they have encountered AI in their practice areas: covering contractual disputes, procurement, public law, human rights, data prote...