Artificial Intelligence Disclosure in England and Wales

Isambard Kingdom Brunel emphasized the importance of flexibility to promote innovation, cautioning against overly prescriptive rules.
Practice Direction (PD) 57AD of the Civil Procedure Rules in England and Wales necessitates the use of technology in legal proceedings but remains non-specific on its implementation.
Generative AI (Gen AI) presents both opportunities and challenges in the legal industry, especially regarding disclosure processes.
Despite PD 57AD promoting efficient disclosure, it currently lacks explicit mention or guidelines for integrating Gen AI into legal practices.
Key obstacles to implementing Gen AI in disclosure include the necessity for cooperation between parties, managing the use of prompts within Gen AI tools, and maintaining sufficient human oversight.
A working group in England and Wales is assessing the need for updates to PD 57AD to adapt to the evolving use of AI and technology.
Potential future rules or court-endorsed guidance may be necessary to guide the application of AI in legal disclosure processes, though the risk of making prescriptive rules quickly outdated remains.

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