Data Protection and Privacy 2026

JAMAICA Trends and Developments Contributed by: Marc Ramsay, Samantha Moore and Chantelle Biersay, Ramsay & Partners

high-value secured facilities for financial institutions. Chantelle was admitted to practice in Jamaica in 2020 and New York in 2025. She holds a Master of Laws in Corporate and Commercial Law and is a member of the Jamaican Bar Association.

Ramsay & Partners 8 Lady Musgrave Road,

Kingston 5, St Andrew, Jamaica Tel: +1 876 906 2616 Email: inbox@ramsayandpartners.com Web: jamaicadataprotection.com

Generative AI in Court Proceedings: Navigating the New Practice Direction Key points: • Jamaican courts now formally regulate how law - yers may use generative artificial intelligence in court matters. • Lawyers remain fully responsible for everything filed in court, even if AI tools are used. • AI cannot be used to create evidence, witness statements, affidavits or expert reports. • Any use of AI in court documents must be dis - closed to the court in a formal declaration. • Failure to comply can result in documents being rejected, penalties or disciplinary action. • Courts will not excuse mistakes caused by reliance on AI tools. • AI may assist with drafting and efficiency, but only under strict conditions of verification and transpar - ency. Introduction On 17 September 2025, the Honourable Chief Jus - tice issued Practice Direction No. 1 of 2025 – Use of Generative Artificial Intelligence in Court Proceedings. This is the first formal statement by the judiciary of Jamaica on the permissible use of generative artifi - cial intelligence (GenAI) in litigation. Its significance extends beyond attorneys alone. Clients who engage

legal counsel are directly affected, as the manner in which legal documents are prepared, verified, and presented to the Court now carries explicit regulatory consequences. The Practice Direction applies across the Supreme Court of Judicature, the Revenue Court and both divisions of the Gun Court, and it has immediate implications for how legal services are delivered and supervised. It addresses growing concerns about accuracy, accountability and transparency amid the growing adoption of AI tools. The timing is notable. Ramsay & Partners recently encountered a matter in which opposing counsel relied on GenAI, resulting in fabricated cases, distorted formatting, unnatural lan - guage and stray special characters. At the time, the firm elected not to escalate the issue, given that no formal judicial guidance yet existed. For clients, this development underscores an impor - tant reality. While technology may assist efficiency, responsibility for legal accuracy and integrity remains firmly with the attorney. The Practice Direction makes clear that courts will still look to counsel, not software. Permitted use and continuing professional responsibility The Practice Direction acknowledges the growing role of GenAI in drafting legal documents, research

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