High Court Issues New Practice Direction on the Use of Generative AI in Court Documents

Responsible Use of Generative AI in Irish High Court Proceedings from 1 September 2026

Artificial intelligence tools such as ChatGPT, Copilot and other generative AI tools (‘GenAI’) are increasingly being used across Ireland, whether in a private or professional capacity.

On 29 July 2026, the President of the High Court issued a Practice Direction on the Responsible Use of Generative Artificial Intelligence in Court Documents (HC142) (Courts.ie – Practice Directions). It will apply to all civil High Court proceedings from 1 September 2026.

Why the High Court Introduced the New Practice Direction

While recognising that GenAI can improve efficiency, reduce costs and enhances access to justice, the directions acknowledge significant risks associated with GenAI including inaccuracies, fictitious authorities and factual errors as well as confidentiality and privacy concerns.

Who the New Practice Direction Applies To

The directions will apply to (i) all parties involved in High Court proceedings including solicitors, barristers, lay-litigants, witnesses, experts and others who prepare documents for Court; and (ii) all documents used in High Court proceedings including pleadings, submissions, affidavits, witness statements and expert reports; and (iii) all Court documents prepared after 1 September 2026.

Users Remain Responsible for AI-Generated Court Documents

The directions make it clear that users remain responsible for the contents of documents filed in Court. Use of GenAI is not an excuse for inaccuracies or misleading statements.

Independent Verification of AI Content Is Mandatory

Any materials produced using GenAI must be independently verified under human control and supervision. Users should fact-check information, verify authorities and quotations and ensure the content is complete, accurate and relevant to the case. Using another AI tool alone is not sufficient verification. Verification must be carried out using reliable source materials.

Witness Statements, Affidavits and Expert Reports

The directions state that particular caution should be exercised where evidence is concerned. This is because witness statements and affidavits should reflect the person’s own knowledge, recollection and evidence. GenAI must not be used to generate or reshape substantive evidence.

Unless otherwise directed by the Court, all witness statements and affidavits must include a declaration that GenAI has not been used “for the purpose of generating the substantive content of [the witness statement/affidavit] (including by way or altering, embellishing, strengthening, diluting or rephrasing the evidence set out)”.

The Practice Direction does however permit the use of GenAI for purely administrative tasks such as formatting or spell checking.

Expert Reports

Expert witnesses are also subject to the Practice Directions. Where GenAI has been used in preparing an expert report, the expert must disclose the nature and extent of that use so that the Court and the parties can assess the reliability, independence and evidential weight of the opinion expressed. The report must also contain a declaration that GenAI has not been used for generating the substantive content of the report.

Will Parties Always Have to Disclose AI Use?

Not necessarily. However, the Court may require parties to explain whether GenAI was used and if so, the nature and extent of that use. All court users are expected to be able to provide that information if requested.

Consequences of Non-Compliance

Failing to comply with the practice directions may result in adverse cost orders, rejection of the Court document, striking out of the claim or defence and in the case of legal practitioners, a referral to the Legal Services Regulatory Authority and/or personal costs orders against them.

Practical Guidance for Litigants and Legal Practitioners

If you are involved in High Court litigation, GenAI can be a useful tool but it should be treated as an assistant, not an authority.

Before relying on AI-generated content, it is important to:

• verify all facts independently;
• check legal authorities, legislation, quotes and extracts against official/original sources;
• never assume AI output is accurate;
• avoid entering confidential or privileged information into public AI systems;
• keep records of how AI tools were used in preparing documents; and
• exercise particular caution where evidence or expert opinion is involved.

Conclusion

While the Practice Direction does not prohibit the use of GenAI in High Court proceedings, it promotes responsible use while protecting the integrity of court processes and the proper administration of justice.

From 1 September 2026, anyone involved in High Court litigation should assume that AI-assisted work will be subject to close scrutiny and so, should implement robust verification procedures.

For further information and support, please contact Maureen Daly at mdaly@reddycharlton.ie , Peter Kearney at pkearney@reddycharlton.ie or your usual contact in Reddy Charlton LLP