Source: Irish Legal

President of the High Court, David Barniville, has issued Practice Direction HC 142 on the responsible use of generative artificial intelligence in court documents, coming into operation from 1 September 2026. The direction applies to all documents used in civil proceedings and to all persons involved in those proceedings, including legal practitioners, witnesses, experts and parties, and sets a general expectation that any use of generative AI must be appropriate, responsible and undertaken with due care so as not to adversely affect the integrity of court processes or the proper administration of justice.

The practice direction imposes a compulsory verification requirement for any material before the court created using generative AI: verification must be done under human control and supervision and cannot be satisfied by using another AI tool. Legal practitioners are reminded of their ethical duty not to mislead the court and must verify the accuracy and suitability of information provided by generative AI, informing clients of their duties when swearing affidavits or making witness statements. Particular attention must be given to any references to case law, legislation, textbooks or articles, and the verification obligation extends to exhibits, images, recordings and other evidential material, which must be authentic and as represented. There is also a duty to disclose, when directed, whether generative AI tools were used in preparing a court document, and failure to comply may result in adverse costs, striking out of a claim or referral of practitioners to the Legal Services Regulatory Authority. The judge acknowledges potential efficiency benefits of generative AI but reiterates that use must not undermine court integrity.