The Civil Justice Council recommends a declaration that AI has not generated or influenced the substantive content of factual witness statements, whether the party is represented or unrepresented (§7.15 and Recommendation 6). These are recommendations for rule changes, not rules brought into force by publication. Influence includes selection, analysis, development or evaluation (§2.6). Checking and approving a draft does not, by itself, establish that AI has not influenced its substance.
Originally published July 2026; updated 31 October 2026. The consultation discussion below provides historical context. Check current rules and directions for your proceedings.
The Civil Justice Council's working group consulted on whether procedural rules are needed to govern AI use by legal representatives in preparing pleadings, witness statements and expert reports. The final report recommends different approaches for factual witness evidence, expert evidence, and legal representatives' pleadings and advocacy. It also calls for further guidance for litigants in person; it does not provide a pro bono exemption.
In Ayinde v London Borough of Haringey [2025] EWHC 1383 (Admin), Dame Victoria Sharp warned that guidance alone is insufficient to address misuse of AI in court. Misleading the court through AI-generated material, even inadvertently, can amount to serious professional misconduct. The duty runs to the output, not the intent.
The October 2025 refresh of AI guidance for judicial office holders addresses the tools judges use. It does not endorse myAffidavit or establish that local AI is suitable for preparing witness evidence. Local processing can reduce disclosure to external AI providers, but confidentiality and witness authenticity are separate questions. The CJC working group's remit did not cover judges' use of AI.
The Digital Omnibus on AI was adopted in June and entered into force in July. Article 50 transparency obligations still apply from 2 August 2026. Article 50(2) for legacy systems and the new prohibited practices apply from 2 December 2026. Annex III high-risk obligations move to 2 December 2027 and Annex I embedded systems to 2 August 2028.
Local processing can reduce reliance on external AI services for document content. Organisations must still assess confidentiality, data protection, device security and connected services. Whether agreements or transfer assessments are needed depends on actual processing arrangements, not simply the location of the model.
myAffidavit provides local AI-assisted affidavit and witness statement drafting. Document content is processed on supported user-controlled hardware, and users must verify every fact, suggestion and applicable court requirement. Pre-order at £99.
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