Civil Justice Council calls for new practice direction on AI use in court documents

In a final report, the CJC called on the Civil Procedure Rule Committee to introduce a new Practice Direction adopting a risk-based approach to the use of AI in civil proceedings.

The proposed rules would focus on whether AI has generated or influenced the substantive content of documents submitted to the court, and the potential risks this poses to the integrity of proceedings and the administration of justice.

The report, produced by a working group chaired by Sir Colin Birss, President of the Patents, Business and Property Courts, sets out 15 recommendations.

Among its proposals, the working group recommended that witnesses of fact should be required to declare that any AI used in preparing their witness statements has not generated or influenced their substantive content.

It also called for a specific declaration where AI has generated or influenced the substantive content of an expert report, with sufficient information provided to allow the evidence to be effectively scrutinised.

However, the report stopped short of recommending a general requirement for legal representatives to declare their use of AI when preparing statements of case, skeleton arguments or other advocacy documents.

Instead, it concluded that legal representatives should remain responsible for the accuracy and reliability of such documents under their existing professional obligations.

The working group also rejected a general requirement for legal representatives to identify the AI tools they have used.

On wider guidance, the report concluded that responsibility for advising legal professionals on the use of AI should remain primarily with legal services regulators, which should work together to promote a consistent approach.

It also recommended that the CJC and the Civil Procedure Rule Committee urgently consider introducing guidance for litigants-in-person using AI in civil proceedings.

Commenting on the report, Sir Geoffrey Vos, Master of the Rolls and Chair of the CJC, said: "AI has the potential to support the effective administration of civil justice, but its use must not compromise the accuracy, reliability or integrity of material placed before the court.

"The report proposes a proportionate, risk-based approach which maintains professional responsibility while introducing targeted safeguards where they are needed."

The recommendations follow a consultation launched by the working group in February 2026, which examined whether rules were needed to govern the use of AI by legal representatives and experts when preparing court documents, including pleadings, witness statements and expert reports.

The outcome of the consultation was published in July this year, and revealed concerns in the sector that using Artificial Intelligence (AI) tools to prepare witness statements may “reshape, embellish or otherwise influence evidence”.

Adam Carey