FCFCOA practice direction on AI use lists obligations for all court users

• accurate 
• independently verified 
• accountable 
• consistent with professional and legal obligations, including duties to the courts 
• compliant with confidentiality and data security requirements
• used in a manner that does not jeopardise the safety of children and other court users 

To help parties, lawyers, private experts, and other court users use AI responsibly, the practice direction aims to promote public confidence in court processes and ensure that court users utilise AI consistently with: 

• the principles of integrity, accuracy, accountability, confidentiality, safety, and compliance with professional obligations 
• the proper administration of justice 

When dealing with the inappropriate utilisation of AI, the practice direction explains that the FCFCOA can: 

• Disregard the affected material 
• Issue cost orders or other orders 
• Refer matters to the relevant regulatory body 

Requirements for court users

“Court users’ obligations under this practice direction apply regardless of whether a product is expressly described as AI, GenAI, smart, assistive or similar,” the practice direction stated. 

According to the update, the practice direction requires court users to:

• Verify and proofread any AI‑generated content 
• Refer only to existing and accurate legislation, case law, and other sources 
• Adapt material to the country’s legal context 
• Ensure the authenticity of evidence and other material 
• Refrain from altering or generating material in a misleading way 
• When asked whether and how they used AI, explain what tool they utilised and how they reviewed any output 
• Raise any issues regarding improper AI use with the presiding judicial officer if they may impact the integrity of proceedings 

For expert evidence utilising AI, the practice direction requires: 

• experts to follow the practice direction when preparing their reports or opinions 
• lawyers engaging private expert witnesses to give them a copy of the practice direction and ensure that the expert certifies that they have reviewed the document 

Regarding the risks arising from entering confidential or sensitive information into AI systems, the practice direction requires court users to: 

• Meet confidentiality obligations, orders, and legislation that protect some types of information 
• Refrain from entering sensitive information into publicly available AI tools 
• Comprehend the way AI systems store and use data