Civil justice council proposes targeted AI-use declarations
The Civil Justice Council published fifteen recommendations on AI in civil court documents in England and Wales on 29 October 2026. It proposes declarations for witnesses of fact and experts, rather than a general declaration for lawyers.
A witness of fact would declare that AI had not generated or influenced the statement’s substance. An expert would disclose use where AI influenced the substance of the report, allowing scrutiny by the court and opposing party.
The report rejects a general requirement for prior permission to use AI and retains lawyers’ responsibility for document accuracy. The proposals require action by the relevant rule-makers; they do not themselves change procedural duties.