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Civil Justice Council urges Practice Direction on AI in court documents
The Civil Justice Council's working group published its final report on the use of AI in preparing court documents, making 15 recommendations. It asks the Civil Procedure Rule Committee to adopt a risk-based Practice Direction on AI use and sanctions for misuse, and urges guidance for litigants in person. It proposes AI declarations for witness statements and expert reports but none for lawyers' advocacy documents.
Paper (Law Society Gazette) → · Law News
Key points
- The working group, co-chaired by Sir Colin Birss and Mrs Justice Joanna Smith, made 15 recommendations.Law Society GazetteLaw News
- It asks the CPRC to codify case law on AI use and sanctions for misuse, such as hallucinated authorities, in a Practice Direction.Law Society GazetteLaw News
- The CJC and CPRC should urgently consider guidance for litigants in person, calling its absence a significant gap.Law Society GazetteLaw News
- Witnesses of fact would declare AI did not generate or influence their statements' substantive content; experts would make a specific declaration.Law Society GazetteLaw News
- No general AI declaration is proposed for lawyers' statements of case or skeleton arguments; guidance stays with regulators.Law Society GazetteLaw News