The Civil Justice Council recommended that witnesses of fact declare AI use in preparing statements. Expert witnesses must also declare AI use in their reports. Legal representatives remain responsible for documents they sign. Regulators should issue joint guidance on responsible AI use. A practice direction will adopt a risk-based approach to AI in court documents. Witnesses must confirm their statements were not AI-generated or influenced. Experts must provide enough detail for their evidence to be scrutinised. The CJC will urgently consider guidance for litigants in person using AI. A recent High Court judge reduced weight on an expert report drafted with Microsoft Copilot. The judge cited lack of human oversight as a concern.
What changed
Legal representatives did not have to declare AI use for most court documents.
What it unlocks
Courts can verify the integrity of witness and expert evidence prepared with AI.
What you need to act on it
- a witness of fact or expert witness
- preparation of witness statements or expert reports
Sources