Courts' guidance on GenAI use takes effect
Guidance on the responsible use of generative artificial intelligence (GenAI) in court documents in the High Court and Court of Appeal comes into effect today (1 September).
President of the High Court Mr Justice David Barniville issued Practice Direction HC 142 last month, while Practice Direction CA 16 has been issued by Ms Justice Caroline Costello (President of the Court of Appeal).
The guidance states that all court users are responsible for the content of their court documents.
The directions say that, while GenAI tools can assist in the efficient conduct of litigation, their use must be “appropriate and undertaken responsibly and with due care”.
The judges warn that such use should not “adversely affect the integrity of court processes and the proper administration of justice”.
Sanctions
The Courts Service is encouraging practitioners and litigants to familiarise themselves with the directions and ensure full adherence to the relevant provisions to avoid potential adverse consequences.
The court presidents warn that parties who fail to comply with the directions may be subject to sanctions that could include adverse cost orders, orders disregarding or rejecting court documents in whole or in part, or the striking out of their claim or defence.
The documents add that legal practitioners who fail to comply with the direction may be referred to the Legal Services Regulatory Authority or their professional body.