I have been a barrister for nearly 30 years. In that time I have seen many trends, fashions, fads and changes. Some of lasting significance. Some of which have been and gone. Always however, is a constant of technological change. Take this blog for example. It was started in 2012. It would have been possible to start it a few years earlier, but it would not have been possible to publish online in this way, in 1996, when we were all using dialup modems.
But change continues, and thank goodness that it does. How dull it would be to keep doing the same thing, day in, day out, without relief. And on the event horizon now, are very significant changes indeed. One such change that I am investigating at the moment is the use of artificial intelligence in legal practice. An obvious potential application is using it to write blog articles, in order to both do the research, and to pump out the prose. So here are the instructions I gave to ChatGPT.
Write an article on non party costs orders. Explain what is the court’s jurisdiction to make such an order. Explain the tension between non party costs orders and the principle of limited liability. Summarise the case of Dymocks Franchise Systems v Todd. Explain the importance of that case and the criteria of funding, control and financial benefit. Quote the key paragraphs of the judgment on those criteria. Summarise the case of Deutsche Bank v Sebastian Holdings and Vik. Explain the principles in that case. Quote the key paragraphs of the judgment on those principles. Summarise Travelers Insurance v XYZ. Explain the importance of causation as described in that case. Quote the key paragraphs of the judgment on causation. Summarise the case of Goknur v Aytacli. Explain the principles in that case for making a non party costs Order against a director. Give your overall conclusions of when a court is likely to make a non party costs Order. Give some opinions on how the jurisdiction to make a non party costs order could be reformed.
And below is the finished article written consequent to those instructions:
Non-Party Costs Orders: Navigating Legal Waters