CLA News / Turks and Caicos Judiciary Leads the Region with Landmark AI Practice Direction By Mark A. Fulford, President, Turks and Caicos Islands Bar Association
On 4 August 2025, the Supreme Court of the Turks and Caicos Islands issued Practice Direction 1 of 2025: A Guide to the Use of Generative AI in Court Proceedings. Approved by the Chief Justice and senior judicial leaders, this groundbreaking guidance marks a pivotal step in embedding AI responsibly within our legal system.
As President of the Bar Association, I commend the Chief Justice and the judiciary for their forward-thinking leadership. The issuance of this Practice Direction shows not only a deep awareness of the opportunities presented by technology, but also an unwavering commitment to safeguarding the integrity of the administration of justice. I am proud to be part of this initiative as our jurisdiction sets a regional benchmark for the responsible use of AI in the courts.
Why this matters
The Direction acknowledges the transformative potential of generative AI, while recognising the risks, such as hallucinations, biased or inaccurate outputs, and the dangers of disclosing sensitive information. It strikes the right balance between innovation and caution, firmly anchoring its approach in the common law principle of upholding the administration of justice.
The guidance applies to all court users—attorneys, judges, clerks and even self-represented litigants—and provides clarity on what is permitted, what is restricted, and what is prohibited.
Key highlights include:
- Drafting procedural documents and skeleton arguments with AI is permitted, provided outputs are verified and disclosed.
- AI-assisted legal research may be used, but always against trusted authorities.
- Predictive analytics must be approached with caution.
- Evidentiary materials—affidavits, witness statements, expert reports—must never be AI-generated.
Importantly, disclosure of AI use is now a professional duty, supported by requirements for certification and verification. Court users must also refrain from inputting privileged material into public AI tools, instead relying on secure, enterprise-grade platforms.
Implications for the Caribbean
This initiative carries lessons well beyond our borders. For practitioners across the Caribbean, the Direction makes clear that using AI responsibly is not about replacing judgement, but about enhancing it. Lawyers must remain editors, verifiers and guardians of accuracy. Equally, the insistence on enterprise-grade tools underscores that client confidentiality and public trust remain paramount. This elevates the conversation from convenience to integrity, a principle every Caribbean legal system must uphold.
A moment to reflect
This milestone signals that the Turks and Caicos Islands is not merely adopting technology, but shaping its responsible use. It reflects a mature, forward-looking legal ecosystem that embraces innovation while preserving ethical duty, professional rigour, and the rule of law. I believe this Practice Direction sets a model for the region. It demonstrates that small jurisdictions can lead with vision, and that by working hand-in-hand, the judiciary and the Bar we can ensure that technology strengthens rather than undermines justice.
The future of law in the Caribbean will be shaped by how we harness tools like AI. With leadership such as this, I am confident that our courts and our profession will meet the challenge with integrity, responsibility and innovation.
By Mark A. Fulford, LL.B (Hons.)
President, Turks and Caicos Islands Bar Association
Published: 25th September
