Coming into operation from 1 September 2026, practice direction HC 142 applies to all documents used in civil proceedings and to all persons involved in those proceedings be they legal practitioners, witnesses, experts or the parties to the proceedings. The general approach is that any use of generative AI tools “must be appropriate and undertaken responsibly and with due care so as not to adversely affect the integrity of court processes and the proper administration of justice”. 

The practice direction places a responsibility on all persons before the court to ensure than any material created with generative AI has been appropriately and independently verified. The direction does not consider it sufficient to use another AI tool to do this. The court must be able to rely on the “integrity and accuracy” of all court documents and persons using AI tools must have a reasonable understanding of their risks and limitations.

Further obligations are set out for legal practitioners who are reminded of their obligation not to mislead the court and their own ethical standards. Legal practitioners must verify “the accuracy and suitability of information” provided by generative AI and must inform their clients of their duty not to mislead the court when swearing affidavits and making witness statements.

The practice direction also imposes a verification requirement for any material before the court created using generative AI. This verification must be done under human control and supervision with particular attention paid to any references to case law, legislation, textbooks or articles. The verification requirement further extends to any exhibits, images, recordings or other evidential material. These must be authentic and as represented.

There is also a duty to disclose, where directed, whether generative AI tools were used in connection with the preparation of a court document.  Failure to comply with the practice direction may lead to adverse costs or striking out of a claim. Legal practitioners who fail to comply may be subject to referral to the Legal Services Regulatory Authority. 

In making the practice direction Judge Barniville accepts that generative AI tools may “assist in the efficient conduct of litigation” by reducing costs and enhancing access to justice but expects that any use “must be appropriate and undertaken responsibly and with due care so as not to adversely affect the integrity of court processes and the proper administration of justice”.

Practice Direction HC142 on the Responsible Use of Generative Artificial Intelligence in Court Documents