Civil Justice Council working group on use of AI in preparing court documents issues consultation

The CJC agreed to set up the working group at its annual strategy meeting last month, tasking it with addressing the question of “whether rules are needed to govern the use of AI by legal representatives for the preparation of court documents, including pleadings, witness statements, and expert reports”.

In the interim report and consultation, the working group says: “Artificial intelligence (“AI”) has enormous potential to be used for social good. In the context of the justice system it has already transformed the way in which the legal profession goes about its work, including in relation to research, data analysis and the preparation of court documents. However, these benefits do not come without significant risk.”

It notes the observation of Dame Victoria Sharp, President of the Kings Bench Division, in Ayinde v The London Borough of Haringey [2025] EWHC 1383 (Admin) at [2] (“Ayinde”) that:

“Artificial Intelligence is a tool that carries with it risks as well as opportunities. Its use must take place therefore with an appropriate degree of oversight, and within a regulatory framework that ensures compliance with well-established professional and ethical standards if public confidence in the administration of justice is to be maintained.”

The working group says: “In summary the proposals we make, and on which we invite consultation responses, are that in specific circumstances, and depending on what use of AI has been made, legal representatives involved in the preparation of court documents should be required to make a declaration relating to its use….

“Essentially, they are those in which AI has been used to generate evidence on which the court is being asked to rely. Other uses of AI, such as administrative uses for transcription, spell checking, assistance and the like do not require a declaration.”

It adds: “The capabilities of AI systems are changing rapidly. Legal practice is changing as a result of these new and powerful tools. This is and will remain a positive development as long as the interests of justice are kept firmly in view.

“The overall objective of these proposals is to maintain a balance, ensuring that the latest technology can be used to maximum advantage in the civil justice system in order to enhance access to justice by improving efficiency and reducing costs; while at the same time maintaining confidence in the rule of law.”

The members of the working group are: