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Archive for category: AI & Legal Process

You are here: Home1 / Blog2 / 6. Tools Templates Research & Cases3 / AI & Legal Process

This section explores the role of artificial intelligence and digital tools within legal processes, with a focus on how technology interacts with responsibility, decision-making, and access to justice. It examines AI as a support tool rather than a decision-maker, particularly in the context of self-representation and court-based procedures.

Content in this category addresses both the opportunities and risks associated with using AI in legal contexts, including issues of accuracy, accountability, and ethical use. It is intended to help litigants in person and legal professionals understand how technology can assist with preparation and understanding without replacing human judgment or procedural responsibility.

Family Law Technologists: Where AI Meets Evidence, Safeguarding and Justice. My Two Penneth.

July 24, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Legal Process, AI, Legal Tech and Family Justice/by jessica susan hill

Artificial intelligence is already changing how legal work is researched, organised and presented. For litigants in person, it may offer an affordable way to understand procedure, prepare chronologies and improve court documents. But in family law—where decisions may affect children, safety, homes and family relationships—an answer that merely sounds convincing is not enough.

Artificial Intelligence, Family Law and Access to Justice

The Fine Structure of Justice: What Physics Can Teach Us About AI, Family Law and Litigants in Person

Artificial intelligence is already helping to prepare court cases, organise evidence, support judges and guide people who cannot afford conventional legal representation. But legal AI needs governing constants of its own: accuracy, accountability, confidentiality, transparency, human oversight and access to redress.

By Jessica Susan Hill | JSH Law | Published 24 July 2026

Gold alpha symbol and fine-structure constant equation surrounded by luminous atomic geometry on a dark indigo background
The fine-structure constant describes a fundamental interaction in physics. Legal AI now needs dependable principles governing the interaction between technology and justice.

The short answer

AI can make legal help cheaper, faster and easier to understand. It can be particularly valuable to litigants in person who need help organising evidence, preparing chronologies and understanding court procedure. But it cannot safely replace verified legal research, professional responsibility, safeguarding judgment, human advocacy or judicial independence. The future should be AI-supported, human-accountable and evidence-led justice.

In this article

  • What the fine-structure constant has to do with justice
  • The six constants legal AI must not be allowed to weaken
  • How AI has entered the English courtroom
  • How judges and government are using AI
  • AI and the access-to-justice gap
  • AI-generated evidence and court documents
  • The particular risks in family law
  • How litigants in person can use AI safely
  • The fine structure of responsible legal AI

For several years, the legal profession discussed artificial intelligence as though it were standing outside the courtroom, waiting to be admitted.

That conversation is now out of date.

AI is already inside law firms, government departments and the justice system. It is being used to research legal questions, review documents, produce transcripts, organise evidence and support judicial administration. Members of the public are using ChatGPT, Claude, Gemini and Copilot to understand their legal problems before they ever speak to a lawyer—if they speak to one at all.

In May 2026, the Master of the Rolls said that AI would be used in every aspect of the work of lawyers and judges. He predicted that it would allow legal and judicial work to be performed more quickly and at more proportionate cost.

The question is therefore no longer whether AI will be used in law. It is what kind of legal system we are building around it.

“The next legal divide will not simply be between lawyers who use AI and lawyers who do not. It will be between verified justice and unverified automation.”

What does the fine-structure constant have to do with justice?

In physics, the fine-structure constant is represented by the Greek letter α, or alpha. It is a dimensionless number, approximately equal to 1/137, which measures the strength of electromagnetic interaction between charged particles.

It helps physicists describe how matter interacts with light and how the fine structure of atomic energy levels arises. It is a small number with enormous consequences.

Legal artificial intelligence needs governing constants of its own.

I do not mean one mysterious numerical value. I mean a set of principles that must remain fixed whenever technology interacts with legal rights, evidence and human vulnerability:

The six constants of responsible legal AI

  1. Accuracy: legal propositions, authorities, dates and procedural requirements must be capable of verification.
  2. Accountability: an identifiable human being or regulated organisation must remain responsible for consequential legal work.
  3. Confidentiality: court papers, children’s information, medical records and privileged communications must be protected.
  4. Transparency: users must understand when AI has been used and what its limitations are.
  5. Human oversight: technology must support rather than displace legal judgment, safeguarding assessment and judicial independence.
  6. Access to redress: people harmed by defective legal AI need somewhere effective to complain and obtain a remedy.

These principles matter in every legal field. They become especially important where somebody is representing themselves.

A litigant in person may ask a general-purpose chatbot to interpret a court order, identify the relevant law or prepare a witness statement without knowing whether the response is accurate. In family proceedings, the information may concern domestic abuse, coercive control, children’s welfare, confidential medical evidence or an urgent safeguarding risk.

The challenge is therefore not simply to make legal AI more powerful. It is to calibrate the relationship between machine assistance and human justice.

Get that relationship right and AI could widen access to justice. Get it wrong and we may automate error, inequality and harm at unprecedented speed.

AI has already entered the English courtroom

In May 2026, a freelance HR consultant reportedly recovered approximately £7,000 in unpaid fees following a three-hour trial at Wandsworth County Court. She had used Garfield AI, an SRA-authorised AI-centred law firm, for the pre-trial legal work.

The reported cost of that assistance was approximately £400. Garfield AI helped with the court documents, witness statements and trial bundle. A human barrister conducted the advocacy.

That distinction matters.

This was not an autonomous machine standing before a judge and winning a case. It was an example of technology performing repeatable preparation work while a human advocate remained responsible for presenting and testing the case.

Nevertheless, it demonstrated something important. Claims that were previously uneconomic to pursue may become viable if the cost of legal preparation falls.

For a freelancer owed £7,000, a tenant in dispute with a landlord, an employee pursuing unpaid wages or a parent needing help to organise a family-court application, that change is not theoretical. It may determine whether they can enforce their rights at all.

This should not be treated as proof that lawyers are obsolete. Nor should it be dismissed as a publicity exercise. It is evidence that the economics of legal work are changing.

Further reading: report on the Garfield AI-assisted county court case .

The justice system itself is adopting AI

In June 2026, the Ministry of Justice announced plans to develop and test AI legal assistants to support routine casework, legal research and case analysis. A further tool is intended to help judges identify trial-ready cases and group similar hearings, with the stated aim of reducing delays in the Crown Court.

The government says the technology will first be tested in controlled environments against standards for safe and ethical use.

That is essential. The justice system handles criminal allegations, children’s information, domestic-abuse evidence, medical records and material capable of changing the course of a person’s life.

AI is also being used in more targeted judicial work. In April 2026, the Chancellor of the High Court described how AI was helping judges identify information that may need to be removed from published judgments to prevent individuals from being identified.

This is particularly relevant to family cases. Removing names may not be enough. A combination of locations, relationships, medical conditions, school information or unusual factual details can still identify a child or family. AI may help detect that “jigsaw identification” risk.

The final responsibility, however, remains with the judge.

What AI must not become

AI must not become a convenient technological answer to chronic underfunding, insufficient court staff, legal-aid deserts or overwhelming backlogs. It may help professionals work more effectively, but it cannot manufacture judicial capacity, procedural fairness or public trust.

Sources: Ministry of Justice, AI tech ambition to deliver smarter justice for victims; Chancellor of the High Court, Legal Professional Privilege in the Age of AI; and Master of the Rolls, Artificial Intelligence and the Judiciary.

AI could transform access to justice—but the protection gap is real

The strongest argument for legal AI is not that it will make already profitable law firms even more profitable. It is that it may provide meaningful assistance to people who currently receive none.

Research published by the Legal Services Board in June 2026 found that consumers were broadly optimistic about the possibilities:

  • 70% expected AI to make legal services easier to use;
  • 66% expected improved accessibility; and
  • 64% expected legal services to become more affordable.

That optimism came with conditions. Consumers expected accuracy, human oversight, informed consent, protection of personal information and a route to complain or obtain redress.

Those are not unreasonable demands. They are the minimum foundations of trustworthy legal assistance.

A client using a regulated legal service ordinarily benefits from professional duties, supervision, insurance and a complaints process. A person relying directly on a general-purpose chatbot may have none of those protections. They may not even realise that there is a difference.

The access-to-justice trap

We must not create a two-tier system in which wealthy clients receive confidential legal AI, expert verification and human judgment, while everybody else receives an unregulated chatbot and personal responsibility for whatever it invents.

AI should reduce the cost of obtaining reliable help. It should not simply transfer the cost of mistakes to the person least able to bear them.

Source: Legal Services Board, AI tools show real promise to increase access to legal services .

AI hallucinations are not a minor technical inconvenience

Generative AI can produce information that sounds authoritative but is inaccurate, incomplete or entirely invented. In law, this can include fictitious cases, fabricated quotations, incorrect legislation and false descriptions of what a judgment decided.

In Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank QPSC [2025] EWHC 1383 (Admin), the Divisional Court addressed false legal authorities placed before the court.

The judgment emphasised that legal representatives remain responsible for material submitted to the court. It also warned that public AI tools may invent cases, citations or quotations and may provide incorrect or misleading information about the law.

If you put it before a court, you remain responsible for it.

A confident answer is not necessarily a correct answer. A citation is not verified merely because it looks properly formatted. Every important legal proposition should be checked against the actual legislation, judgment, procedural rule or authoritative guidance.

That responsibility applies to lawyers. It also matters to litigants in person.

However, it is unrealistic to pretend that an unrepresented, distressed court user has the same research skills, database access or professional training as a regulated practitioner. Education, safer tools and affordable human support are more useful than simply warning people that they use AI at their own risk.

Source: Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank QPSC [2025] EWHC 1383 (Admin) .

Should AI-generated court documents be disclosed?

The Civil Justice Council has been examining whether additional rules are needed when legal representatives use AI to prepare pleadings, witness statements, expert reports and other court documents.

Its June 2026 update recorded substantial agreement that existing professional responsibilities may be sufficient for pleadings, skeleton arguments and similar documents. Witness statements remain a more difficult area.

That is because a witness statement is not simply a piece of legal writing. It is supposed to contain the witness’s own evidence and personal recollection.

AI may help a witness organise dates, remove repetition and express their account more clearly. But it may also reshape language, strengthen uncertain recollections, introduce details or turn a complicated human memory into an artificially seamless narrative.

That creates a particular risk when the underlying evidence is contested.

Assistance is not authorship

A litigant should not be criticised merely because technology helped turn disorganised information into a readable chronology or properly structured statement. The real questions are whether the evidence remains authentic, whether the witness understands and adopts it, and whether every factual assertion is accurate.

Disclosure rules should protect the integrity of evidence without stigmatising people who use accessible technology to overcome disability, trauma, language difficulties or lack of legal representation.

Source: Civil Justice Council, Use of AI in preparing court documents .

Why family law requires particular care

Family proceedings are not document-production exercises. They frequently involve domestic abuse, coercive control, disputed allegations, trauma, vulnerable adults, children’s wishes and feelings, safeguarding risk and intensely personal evidence.

AI can help a parent:

  • identify relevant dates;
  • organise messages and other evidence;
  • prepare a clear chronology;
  • remove repetition from a draft statement;
  • understand the basic structure of a position statement;
  • identify questions to ask Cafcass or a legal adviser; and
  • turn a large quantity of information into manageable categories.

Those functions can make an enormous difference to an overwhelmed litigant in person. They can also make the court’s job easier by helping the litigant present the real issues clearly and proportionately.

But AI cannot safely decide:

  • whether a child is at immediate risk;
  • whether apparently isolated incidents form part of a coercive pattern;
  • whether apparently reasonable language disguises controlling behaviour;
  • which allegations are relevant to welfare and future risk;
  • whether communication or direct contact with another party is safe;
  • what evidence should be disclosed, redacted or urgently preserved;
  • whether an agreement has been reached freely; or
  • what order is necessary and proportionate in a particular case.

General-purpose AI often produces polished, balanced and conciliatory language. That may be helpful in ordinary disputes. In domestic-abuse cases, however, it can flatten the reality of coercive control.

A sustained pattern of intimidation may be rewritten as a “communication difficulty”. Repeated breaches of boundaries may become a “difference in parenting styles”. A safety-driven refusal may be presented as an unwillingness to compromise.

That is not neutrality. It is the loss of legally and safeguarding-relevant context.

The opposite problem can also occur. AI may overstate weak evidence, apply legal labels too readily or encourage a parent to include every grievance they have ever experienced. That does not strengthen a case. It can bury the central welfare issues beneath unnecessary material.

Important confidentiality warning

Do not upload unredacted court orders, children’s records, medical information, confidential reports, addresses or domestic-abuse evidence to a public AI service unless you understand how the provider stores, processes and uses that information. Privacy settings are not the same as legal confidentiality or professional privilege.

Family-law AI must be trauma-informed and safeguarding-aware. It must recognise when a question has moved beyond document assistance and requires specialist human judgment.

How litigants in person can use AI more safely

AI can be genuinely useful to somebody representing themselves, provided it is treated as an assistant rather than an authority.

Good uses of AI

  • organising your own account into a dated chronology;
  • summarising correspondence you have already checked;
  • identifying repetition or unclear passages;
  • turning a long draft into structured headings;
  • preparing a list of questions for a legal adviser;
  • explaining unfamiliar terminology in plain English;
  • creating a document or hearing checklist; and
  • improving the readability of words you have written.

Matters requiring independent verification or human advice

  • case citations and quotations from judgments;
  • filing dates and limitation periods;
  • the precise legal effect of an existing order;
  • the admissibility or relevance of evidence;
  • the correct application, form or procedural route;
  • the likelihood of a particular outcome;
  • immediate safeguarding or domestic-abuse risk; and
  • complex, urgent or contested proceedings.

A practical five-step verification rule

  1. Ask the AI to identify the source for every important legal proposition.
  2. Open and read the source yourself.
  3. Confirm that the source applies in England and Wales and remains current.
  4. Check every factual statement against your own evidence.
  5. Obtain human advice where an error could affect a child, your safety, your liberty, your home or a significant sum of money.

Legislation should be checked on legislation.gov.uk. Court rules and official guidance should be checked through GOV.UK or the Judiciary website. A case name should be verified by locating and reading the actual judgment.

Never cite a case merely because an AI system supplied its name.

AI will change the legal business model as much as the legal work

The most disruptive feature of AI may not be its ability to draft. It may be its effect on time.

If work that once took five hours can be completed responsibly in one, clients will increasingly question why they should be charged according to the old timescale.

Law firms will need to demonstrate value through judgment, strategy, accountability, advocacy and outcomes—not simply through the volume of time recorded.

That does not make lawyers less important. It changes where their value lies.

The most valuable legal professionals will be those who can use AI efficiently while recognising where it is unreliable; who can distinguish information from evidence; and who remain prepared to take responsibility for the work placed before a client, opponent or court.

The more autonomous the technology becomes, the clearer human responsibility must become.

The fine structure of responsible legal AI

The legal profession does not need to choose between blind enthusiasm and defensive resistance. It needs enforceable standards, responsible innovation and a clear understanding of what must remain human.

AI should make legal expertise more accessible. It should not disguise the withdrawal of that expertise.

It should reduce unnecessary cost. It should not remove accountability.

It should help judges and lawyers understand evidence. It should not decide whose evidence is believed.

It should help litigants in person communicate clearly. It should not rewrite their memories or invent their legal authorities.

It should identify patterns. It should not reduce domestic abuse, coercive control or safeguarding risk to decontextualised data points.

The fine-structure constant helps describe the interaction between matter and light. The fine structure of justice will depend on how carefully we govern the interaction between artificial intelligence and human judgment.

The governing constants must be accuracy, accountability, confidentiality, transparency, human oversight and redress.

If those principles remain fixed, AI may become one of the most important access-to-justice tools of our generation.

If they are treated as optional, AI will not correct the inequalities already present in our legal system. It will reproduce them faster.

Frequently asked questions about AI and law

What is the fine-structure constant?

The fine-structure constant, represented by α, is a dimensionless physical constant measuring the strength of electromagnetic interaction. Its value is approximately 1/137. This article uses it as a metaphor for the fixed principles needed to govern the interaction between AI and justice.

Is AI already being used by UK courts?

Yes. Secure AI tools are being used or tested for particular judicial and administrative tasks, including anonymisation, research, analysis and case management. Judges remain responsible for their decisions and judgments.

Can ChatGPT help a litigant in person?

It can help organise information, prepare chronologies, explain terminology and improve the structure of a draft. It should not be treated as an authoritative source of law, relied on for safeguarding decisions or used without checking its work.

Can AI prepare a family-court witness statement?

AI can assist with structure and clarity, but the statement must remain the witness’s own evidence. Every factual assertion must be checked, the witness must understand and adopt the statement, and AI must not embellish or reconstruct their recollection.

Must lawyers disclose that they have used AI?

There is no universal requirement to disclose every administrative or drafting use. The Civil Justice Council is continuing to consider whether further safeguards are required, particularly where AI has been used in preparing witness statements or evidence.

Is it safe to upload court documents to a public AI chatbot?

Not automatically. Court documents may contain confidential, personal or highly sensitive information. Users must understand the provider’s storage, processing, training and deletion arrangements and should remove identifying information where appropriate.

Will AI replace solicitors, barristers or judges?

AI is likely to reduce the time spent on repetitive research, review and document-production tasks. It is far less suited to professional responsibility, advocacy, negotiation, credibility assessment, safeguarding and judicial judgment.

JSH Law: using technology without losing sight of the human case

AI can help organise information, but effective court preparation still requires judgment: identifying the real issues, checking the evidence, removing material that weakens the case and presenting the position clearly and proportionately.

JSH Law provides practical, evidence-led and safeguarding-aware support with chronologies, witness statements, schedules of allegations, position statements, Cafcass material, appeal paperwork, court bundles and hearing preparation.

If you are representing yourself, the aim is not to make your case sound more legal. It is to make the relevant facts, evidence, welfare concerns and orders sought easier for the court to understand.

Book a consultation

About the author

Jessica Susan Hill writes about artificial intelligence, legal technology, family justice, domestic abuse, safeguarding, litigants in person and access to justice. Her work focuses on how technology can make legal processes more understandable and accessible without weakening professional responsibility, evidence quality or human judgment.

Legal information notice: This article provides general information about artificial intelligence and legal services in England and Wales as at 24 July 2026. It is not legal advice. Legal procedure and the appropriate use of technology depend on the facts, the jurisdiction, applicable court rules and the nature of the information involved.

https://jshlaw.co.uk/wp-content/uploads/2026/02/ChatGPT-Image-Feb-3-2026-03_26_42-AM.png 1024 1536 jessica susan hill https://jshlaw.co.uk/wp-content/uploads/2026/01/jsh-law-logo-new-black-300x67.png jessica susan hill2026-07-24 14:54:512026-07-24 14:54:52Family Law Technologists: Where AI Meets Evidence, Safeguarding and Justice. My Two Penneth.

AI Has Helped Win a UK Court Case — But It Is Not the Story Some Headlines Suggest

June 24, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Justice Reform, AI, Legal Tech and Family Justice/by jessica susan hill

The headlines about an AI-powered legal win in the UK are eye-catching, but they need to be read carefully. Garfield AI’s reported success is a genuine legal technology milestone, but it is not the moment AI replaced lawyers in court. The more important point is that regulated AI may now be helping ordinary people pursue legal claims that would otherwise be too expensive, stressful or time-consuming to bring.

AI, Legal Tech and Access to Justice

AI Has Helped Win a UK Court Case. But Let’s Be Clear What That Really Means.

Garfield AI’s reported court success is a genuine legal technology milestone. But it is not quite the “AI lawyer replaces humans” story some headlines suggest. The real significance is more practical, and potentially more important: AI may be starting to make low-value legal claims economically viable again.
Updated: June 2026
Focus: Garfield AI, SRA regulation, small claims, access to justice, legal AI, family law, litigants in person and the future of legal services in England and Wales.

A recent report about an AI-powered legal win in the UK has been circulating widely. The headlines are eye-catching. An AI law firm. A successful court case. A first for England and Wales. A legal technology milestone.

The story matters. But it also needs to be understood properly.

The important point is not that artificial intelligence walked into court and replaced a barrister. It did not. The reported case involved Garfield AI preparing the pre-trial legal work in an unpaid debt claim of around £7,000, with a human barrister conducting the advocacy at Wandsworth County Court.

That distinction matters.

This is not a binding precedent from the Court of Appeal or Supreme Court. It does not change the law. It does not mean AI can represent people in court on its own. It does not mean lawyers are suddenly redundant.

But it is still significant.

The real story is not “AI replaces lawyers”. The real story is that regulated AI may help ordinary people and small businesses pursue claims that would otherwise be too expensive, too stressful or too time-consuming to bring.

What actually happened?

Public reporting describes Garfield AI, an SRA-authorised AI-driven law firm, assisting a freelance HR consultant in recovering unpaid fees of around £7,000. The claim was heard at Wandsworth County Court, and the AI system is said to have prepared the legal documents and pre-trial material. A human barrister then conducted the court advocacy.

According to Garfield AI’s own statement, the case involved a freelancer defeating a counterclaim and recovering the unpaid sum. The Guardian also reported that the client paid Garfield AI around £400 for the process, which is precisely why the story has attracted so much attention.

This is the kind of case that often falls into the access to justice gap. The sum is large enough to matter deeply to the person owed the money, but not always large enough to justify traditional legal fees.

That is the problem legal AI is trying to solve.

Read the original reporting and source material:
  • The Guardian: AI law firm wins English court case
  • Garfield AI: first court trial win with regulated AI lawyer
  • SRA: approval of first AI-driven law firm

What this story does not mean

Before anyone gets carried away, we need to be precise.

This is not a binding legal precedent.

Some headlines have described the case as setting a landmark precedent. In ordinary media language, it may be a landmark moment. But in legal terms, a County Court small debt claim does not create binding authority for other courts.

That does not make it unimportant. It simply means we should not overstate it.

The case is better understood as a legal services milestone, not a doctrinal legal precedent.

It does not mean:

  • AI appeared in court on its own.
  • AI replaced the judge.
  • AI replaced advocacy.
  • AI created new law.
  • AI can safely handle every type of claim.
  • AI can be used without regulation, supervision or safeguards.

What it does mean is more interesting.

It shows that AI-assisted legal preparation, within a regulated structure, may be capable of supporting low-value litigation that many people would otherwise abandon.

Why the SRA authorisation matters

Garfield AI is not just a random chatbot operating outside the legal system. The Solicitors Regulation Authority authorised Garfield.Law Ltd in 2025 as the first purely AI-based firm providing regulated legal services in England and Wales.

That matters because regulation is central to the legal AI debate.

There is a huge difference between:

  • a person asking a public chatbot for help with a court form;
  • a non-regulated document tool generating legal-looking text;
  • a solicitor using AI privately without proper checking;
  • and an SRA-authorised AI-based legal service operating under regulatory duties and safeguards.

The SRA’s approval of Garfield AI was not a blank cheque for AI. It was significant because it brought the tool inside the regulated legal services framework.

The key point: AI in legal services cannot be judged only by whether the output looks impressive. The real questions are: who is responsible, what safeguards exist, how is accuracy checked, how is client data protected, and what happens when something goes wrong?

Why this matters for access to justice

The access to justice point is the most important part of this story.

Many people and small businesses do not pursue valid claims because the cost, time, stress and uncertainty of litigation outweigh the amount at stake.

That is true in debt claims. It is true in consumer disputes. It is true in housing problems. It is true in employment issues. And, in a different way, it is also true in family law.

The justice system contains a vast number of people who need legal help but cannot afford traditional full-service representation.

They are not necessarily looking for a magic robot lawyer. Often, they need something much more practical:

  • help understanding the process;
  • help organising the facts;
  • help drafting clear documents;
  • help knowing what evidence matters;
  • help meeting deadlines;
  • help preparing for a hearing;
  • help avoiding procedural mistakes;
  • help deciding whether a claim is worth bringing at all.

If AI can reduce the cost of that support, it could make a real difference.

The access to justice opportunity:

AI may help make legal support available for cases that are currently uneconomic for traditional solicitors and too complex for ordinary people to handle comfortably alone.

The family law angle

Although the Garfield AI case was not a family law case, family lawyers should still pay attention.

Legal technology usually reaches family law later than commercial law or debt recovery, but it does reach us eventually.

The family justice system already has thousands of litigants in person. Many cannot afford solicitors. Many cannot get legal aid. Many are trying to manage emotionally overwhelming proceedings while also preparing documents, evidence, chronologies, statements and court forms.

That means the demand for AI-assisted legal support in family cases will grow.

But family law is not a simple debt claim.

Family cases may involve:

  • children;
  • safeguarding;
  • domestic abuse;
  • coercive and controlling behaviour;
  • non-molestation orders;
  • occupation orders;
  • financial remedy disclosure;
  • child arrangements disputes;
  • parental responsibility;
  • relocation;
  • mental health issues;
  • substance misuse allegations;
  • vulnerable parties;
  • trauma and fear;
  • children’s wishes and feelings.

This makes the use of AI much more delicate.

AI may help organise evidence, but it must not distort evidence.

AI may help create a chronology, but it must not miss safeguarding patterns.

AI may help a litigant in person draft a position statement, but it must not invent legal arguments or overstate allegations.

AI may help explain the court process, but it must not give false confidence to someone in a high-risk situation.

Family law warning:

A small debt claim and a private children case are not the same kind of legal problem. AI that is appropriate for structured debt recovery may not be appropriate for cases involving children, abuse, safeguarding and welfare decisions unless the safeguards are much stronger.

AI can help with documents. It cannot replace judgment.

The most dangerous version of the AI debate is the simplistic one.

Either AI is going to replace lawyers entirely, or AI must be resisted because it is unsafe.

Neither position is sensible.

The real issue is task allocation.

Some legal work is repetitive, structured and document-heavy. Some legal work is strategic, emotional, forensic and judgment-based.

AI may be very useful for:

  • creating first-draft chronologies;
  • summarising long documents;
  • checking whether a document answers required questions;
  • organising correspondence;
  • identifying missing dates;
  • producing task lists;
  • turning messy notes into structured drafts;
  • explaining basic procedural steps;
  • supporting fixed-fee or limited-scope legal help.

AI should not be trusted to:

  • invent facts;
  • generate witness evidence;
  • assess domestic abuse risk without human oversight;
  • decide what is in a child’s welfare;
  • replace legal advice in complex or high-risk cases;
  • cite authorities that have not been checked;
  • make safeguarding decisions;
  • tell a vulnerable person that a case is safe or hopeless without professional review.
The future is not “AI instead of lawyers”. The better future is lawyers, courts and legal support services using AI to reduce cost and chaos while keeping professional judgment firmly human.

What this means for litigants in person

Litigants in person are already using AI.

They are using it to draft emails, summarise orders, write statements, prepare questions, understand procedure, create chronologies and respond to solicitors.

Some of that is useful. Some of it is risky.

The Garfield AI development shows something important: if AI is going to be used by the public, it is better for people to have access to structured, regulated, properly designed legal tools than to be left alone with public chatbots and no legal guidance.

That is especially true in family law.

A litigant in person in family court may be frightened, traumatised, overwhelmed, neurodivergent, financially vulnerable or facing an ex-partner who is using the court process as a form of post-separation control.

They may need help to make sense of the process, but they may not be able to afford full representation.

The opportunity for family justice:

AI-assisted legal support could help litigants in person prepare more clearly, understand orders, organise evidence and reduce procedural mistakes. But it must be designed carefully around safeguarding, trauma, confidentiality and realistic legal limits.

What lawyers should take from this

Lawyers should not laugh this off.

They should also not panic.

The correct response is to understand what is happening and adapt intelligently.

The Garfield AI case is a sign that clients will increasingly expect legal services to be:

  • more affordable;
  • more transparent;
  • faster;
  • more digitally accessible;
  • more outcome-focused;
  • less dependent on open-ended hourly billing;
  • better at using technology to reduce unnecessary process.

That does not mean lawyers become irrelevant.

It means lawyers need to be clearer about where they add value.

In family law, value is not simply drafting a document.

Value is:

  • knowing what matters;
  • spotting what is missing;
  • understanding risk;
  • identifying safeguarding issues;
  • protecting the client from procedural mistakes;
  • challenging poor evidence;
  • understanding the emotional dynamics of the case;
  • preparing a realistic strategy;
  • keeping the child’s welfare central;
  • helping a client make decisions under pressure.

What regulators and courts need to think about

If regulated AI legal services expand, regulators and courts will need to keep asking difficult questions.

Those questions include:

  1. How is accuracy checked?
  2. Who is responsible for the output?
  3. How are hallucinations prevented or detected?
  4. How is confidential client data protected?
  5. When should AI use be disclosed?
  6. What happens if AI-generated material misleads the court?
  7. How are vulnerable clients protected?
  8. How are conflicts of interest managed?
  9. How are clients told what the service can and cannot do?
  10. How do courts deal with AI-assisted documents filed by litigants in person?

These questions are not a reason to stop innovation.

They are a reason to govern it properly.

A practical traffic light for AI in family law

Use of AI Risk level Family law example Practical approach
Formatting and readability Lower risk Improving layout, grammar or headings in a position statement. Useful, but still review before filing or sending.
Chronology preparation Medium risk Turning messy notes into date order. Check dates, context and missing events carefully.
Summarising evidence Medium/high risk Summarising WhatsApp messages, police disclosure or school records. Use only with careful source checking. AI may miss nuance.
Witness evidence High risk Writing or rewriting a witness statement. Do not let AI invent, embellish or reshape the client’s factual evidence.
Safeguarding or welfare analysis High risk Assessing domestic abuse, coercive control or child welfare risk. Requires professional human judgment. AI should not decide risk.

The JSH Law view

This case should be welcomed, but not misunderstood.

It shows that AI can play a serious role in widening access to legal support, particularly where the cost of traditional representation makes it irrational to bring a valid claim.

It also shows why regulation matters. The difference between a structured, regulated AI legal service and a public chatbot is not cosmetic. It is fundamental.

But family law must be approached with particular care.

The family court is not simply a debt recovery process. It deals with children, safety, abuse, fear, money, housing, contact, care and family life. That means AI tools must be built and used with much stronger safeguards.

The bottom line:

Garfield AI’s reported court success is a legal technology milestone, not a magic replacement for lawyers. The lesson for family justice is clear: AI may help reduce cost and improve preparation, but professional judgment, safeguarding awareness and human accountability remain essential.

Sources and further reading

  • The Guardian: Artificial intelligence law firm wins court case in England for first time
  • Garfield AI: first court trial win with regulated AI lawyer
  • SRA: approval of first AI-driven law firm
  • Legal Cheek: AI law firm wins court case in UK first
  • Yeni Safak: AI-powered legal win report

Need help preparing family court documents or organising evidence?

JSH Law helps litigants in person and family law clients turn overwhelming paperwork into clear, structured, court-ready material.

Support can include document organisation, chronologies, evidence analysis, statement preparation, issue mapping, bundle preparation and practical case planning.

Contact JSH Law or book a consultation through the website.

This article is for general information only and is not legal advice. AI, legal technology regulation and court practice are developing quickly. Always check the latest professional guidance, court rules and regulatory requirements before relying on AI-assisted legal work.

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Legal Tech Is Already Changing Family Law — Are Lawyers Ready?

June 24, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Legal Process/by jessica susan hill

Family law is already under pressure: overwhelmed courts, delayed hearings, litigants in person, inaccessible legal aid, complex safeguarding issues and clients who cannot always afford full representation.

Legal technology promises faster, cheaper and clearer legal support — but family justice is not a simple administrative process. When children, domestic abuse, coercive control and vulnerable people are involved, AI must be handled with care. Here’s my latest update, enjoy.

Legal Tech Update for Family Lawyers

Legal Tech Is No Longer Coming for Family Law. It Is Already Here.

Family lawyers do not have the luxury of treating AI and legal technology as something happening “over there” in commercial litigation or City firms. The changes now underway affect court documents, client care, digital evidence, safeguarding, costs, access to justice and the way litigants in person are arriving at court.
Updated: June 2026
Focus: England and Wales family practice, AI, digital evidence, court documents, client confidentiality, access to justice and practical risk management.

The pace of legal technology change in 2026 is now impossible to ignore. Regulators are publishing AI plans. The Ministry of Justice is piloting AI tools in the justice system. The Civil Justice Council has consulted on whether lawyers should have to declare certain uses of AI in court documents. The judiciary has updated its AI guidance. Legal research platforms are moving from simple search tools to agentic AI systems. Litigants in person are using public AI tools to draft statements, allegations, position statements and applications.

For family lawyers, this matters because family law is not a neat, low-risk, document-only jurisdiction. It involves children, domestic abuse, coercive control, vulnerable parties, confidential medical and school records, financial disclosure, safeguarding information, private lives, contested evidence and human distress.

That means the profession needs a balanced approach. Not panic. Not blind enthusiasm. Not “AI will replace lawyers”. Not “AI must never be used”. The practical question is much sharper:

How can family lawyers use technology to reduce cost and improve access to justice, without weakening professional judgment, confidentiality, evidential integrity or child-focused decision-making?

1. The regulatory message is changing: AI is permitted, but unmanaged AI is the problem

The Solicitors Regulation Authority has made the position clear in practical terms: solicitors and firms may use technology, including AI, where appropriate, but the use of that technology remains subject to professional obligations, standards and regulatory duties.

That is the key point. AI is not outside the regulatory framework. It sits inside it.

For family lawyers, this means: if AI is used to assist with a client matter, the solicitor remains responsible for the advice, drafting, evidence analysis, correspondence, confidentiality, supervision and final work product. A tool cannot hold a practising certificate. A tool cannot owe duties to the client. A tool cannot explain itself to the court. You can delegate a task. You cannot delegate professional responsibility.

The SRA has emphasised governance, senior oversight, risk assessment, training, policies and monitoring when technology is introduced. It also expects client best interests to remain central to decisions about legal technology.

The Law Society’s generative AI guidance is similarly practical. It recognises the opportunities for improved service delivery, reduced cost and meeting changing client expectations, but it also warns of data, confidentiality, reliability, accuracy and technology risks.

Read more: SRA compliance tips for solicitors using AI and technology and The Law Society: Generative AI – the essentials.

2. The Legal Services Board now has an AI plan for legal services

In June 2026, the Legal Services Board published its plan for enabling safe AI-driven innovation in legal services for 2026–27. The themes are telling: coordination, clarity and confidence.

That is exactly where the legal sector currently is. The tools are developing quickly, but confidence is uneven. Larger firms are moving faster. Smaller practices, sole practitioners and self-employed barristers are more cautious, often because they lack the procurement support, training budget, IT infrastructure and risk governance enjoyed by bigger organisations.

This matters acutely in family law because much of the work is carried out by high-street firms, small specialist practices, barristers, consultants, legal aid providers, McKenzie friends and litigants in person. If legal technology only benefits large commercial firms, the access to justice gap will widen rather than shrink.

The opportunity: properly governed AI could help family lawyers reduce repetitive administrative burden, produce clearer chronologies, organise disclosure, identify missing evidence, prepare issue lists, summarise long documents and make fixed-fee or limited-scope services more viable.
The risk: poorly governed AI could create false confidence, inaccurate advice, fake authorities, contaminated witness evidence, confidentiality breaches, biased analysis and unsafe decision-making in cases involving children and domestic abuse.

Read more: Legal Services Board: AI-driven innovation plan 2026–27.

3. The Ministry of Justice is piloting AI in the justice system

The Ministry of Justice announced in June 2026 that AI legal assistants and AI-supported listing tools are being developed and tested as part of efforts to speed up justice, cut delay and reduce administrative burdens. The current announcement is focused on criminal justice and Crown Court pressures, but family lawyers should still pay attention.

Why? Because court modernisation rarely stays in one jurisdiction forever. Once the state begins testing AI-assisted case analysis, listing, routine casework support and administrative automation, the wider justice system will inevitably ask whether similar tools could be used elsewhere.

Family justice has chronic delay. Public law proceedings, private children disputes and financial remedy cases all suffer when courts are under-resourced, listing is stretched and paperwork is chaotic. It is not difficult to imagine future tools being proposed for triage, safeguarding screening, bundle navigation, chronology generation, order drafting or case progression.

The family law warning: speed is not the same as justice. In children cases, the court is not just processing paperwork. It is making welfare decisions. Any future AI use in family justice must be carefully governed, explainable, challengeable and designed around children and vulnerable parties — not merely around administrative convenience.

Read more: Ministry of Justice: AI tech ambition to deliver smarter justice for victims.

4. Judges are not banned from AI — but responsibility remains human

The judiciary’s updated AI guidance makes an important point: judicial office holders are not prohibited from using AI, but they remain personally responsible for material produced in their name. The guidance also warns about hallucinations, bias, confidentiality and the risk of entering private information into public AI tools.

The Master of the Rolls has also spoken openly about AI changing the work of lawyers and judges. The direction of travel is clear: AI will increasingly sit alongside legal and judicial work. The system is not asking whether AI exists. It is asking how it can be used responsibly.

What this means in practice: family lawyers should assume that judges, clerks, legal advisers, lawyers and litigants may all become more familiar with AI-assisted drafting and AI-assisted analysis. But no one should assume that polished drafting equals accurate evidence, reliable law or safe welfare analysis.

Read more: Artificial Intelligence Judicial Guidance, October 2025 and Master of the Rolls speech: Artificial Intelligence and the Judiciary.

5. The Civil Justice Council consultation should make every family lawyer think carefully about AI-drafted documents

In February 2026, the Civil Justice Council published an interim report and consultation on the use of AI for preparing court documents. Although this work is within the civil justice context, the underlying issues are directly relevant to family lawyers.

The consultation considered whether rules are needed to govern AI use by legal representatives in preparing documents such as statements of case, witness statements and expert reports. It drew an important distinction between administrative uses, such as formatting, spelling or transcription, and substantive uses that may generate evidence or legal content.

This distinction is crucial in family cases.

AI use Risk level Family law example Practical response
Formatting, grammar, layout and typographical correction Lower risk Making a chronology easier to read or checking a draft letter for grammar. Still review before sending. Do not upload confidential material to public tools.
Summarising documents Medium risk Summarising a Section 7 report, police disclosure, medical record or school records. Check against the source. AI summaries may omit nuance, caveats or safeguarding details.
Drafting legal submissions Medium/high risk Drafting a position statement, skeleton argument or case summary. Verify every legal proposition, authority, procedural rule and factual assertion.
Generating witness evidence High risk Rewriting a client’s witness statement so it sounds stronger, more persuasive or more “lawyerly”. Avoid. Witness evidence must be the witness’s own evidence, not AI-generated narrative.
Expert report drafting or expert analysis High risk AI-assisted psychological, parenting, risk or welfare analysis. Require transparency, methodology, source checking and professional accountability.

Family lawyers should watch this space carefully. Even if formal family-specific rules are not yet in place, the professional direction is obvious: AI-generated evidence is different from AI-assisted administration.

Read more: Civil Justice Council: Use of AI for Preparing Court Documents.

6. Legal AI has moved from “chatbot” to “workflow”

One of the biggest changes in legal technology is that AI tools are moving away from simple prompt-and-answer chatbots. The market is shifting towards workflow-based and agentic systems.

In plain English, that means tools are being designed not merely to answer a question, but to plan and complete a sequence of tasks: research, summarise, compare, draft, check, refine and produce a work product with citations or source links.

Thomson Reuters has described the next generation of CoCounsel Legal as agentic AI that can support complex legal workflows, grounded in Westlaw and Practical Law content. LexisNexis has developed its own legal AI ecosystem, including Protégé, and has announced a strategic alliance with Harvey. Clio has completed its acquisition of vLex, bringing practice management and legal research closer together.

The point for family lawyers: legal AI is becoming integrated into the tools lawyers already use. The next phase is not “shall we open ChatGPT?” The next phase is AI embedded in research platforms, practice management software, document review tools, disclosure systems, bundle tools and client intake systems.

Read more: Thomson Reuters: next generation CoCounsel Legal, LexisNexis and Harvey strategic alliance and Clio acquisition of vLex.

7. The Garfield AI case is an access to justice moment — but not a reason to abandon lawyers

In June 2026, it was reported that Garfield AI, an SRA-authorised AI law firm, had been used in a successful English court case concerning an unpaid debt. The AI system handled much of the pre-trial legal work, while a human barrister carried out the advocacy at trial.

This is important because it shows where routine, lower-value disputes may be heading. Many people and small businesses cannot afford traditional legal representation for modest claims. If properly regulated AI can make some legal processes cheaper and more accessible, that is not something the profession should dismiss.

But family law is not a small debt claim. It is rarely linear. The facts are emotionally charged. Evidence is often disputed. Safeguarding may be live. The client may be traumatised. There may be coercive control, children’s wishes and feelings, litigation abuse, mental health issues, immigration concerns, neurodiversity, poverty, housing insecurity or language barriers.

The lesson is not “AI can replace family lawyers”. The lesson is that clients will increasingly expect legal services to be faster, clearer, more affordable and more digitally accessible. Family lawyers who ignore that expectation will lose ground. Family lawyers who adopt technology without safeguards will create risk. The firms that win will be the ones that combine technology with judgment.

Read more: Guardian report: Garfield AI court case.

8. The Nuffield briefing puts the family justice question properly

The Nuffield Family Justice Observatory’s 2026 briefing on AI in the family justice system is one of the most important reads for family practitioners because it keeps the focus where it belongs: children, families, professionals, governance, risk and fairness.

The briefing asks whether AI could improve the experiences of families and professionals in the family justice system, but it also recognises the risks around bias, accuracy, privacy, accountability and safe implementation.

That is the right frame. Family justice technology should not be designed merely to make professionals more efficient. It should make the system easier to understand, less traumatising, more transparent, more accessible and safer for children and vulnerable adults.

Good family justice technology should:
  • help parties understand the process;
  • reduce unnecessary delay;
  • support better preparation and clearer evidence;
  • make court orders easier to understand;
  • identify missing information early;
  • help professionals spot safeguarding patterns;
  • reduce administrative burden without reducing human judgment;
  • protect children’s data and privacy;
  • avoid embedding bias into decision-making.

Read more: Nuffield Family Justice Observatory: AI in the family justice system 2026.

9. Digital evidence is becoming more important — and more dangerous

Family lawyers already deal with screenshots, WhatsApp messages, voice notes, call logs, bank records, social media posts, photographs, doorbell camera footage, location data, school apps, smart devices and covert recordings.

The problem is that digital evidence is now easier to manipulate. Deepfakes, altered screenshots, AI-generated images, synthetic voice recordings and edited message chains are no longer theoretical concerns.

In family law, this matters in several common contexts:

  • domestic abuse allegations;
  • coercive and controlling behaviour;
  • stalking and harassment;
  • child arrangements disputes;
  • allegations of parental alienating behaviours;
  • allegations of substance misuse or unsafe parenting;
  • financial remedy disclosure;
  • non-molestation and occupation order applications;
  • fact-finding hearings;
  • applications involving intimate image abuse or threats to publish private material.

Lawyers should now be more disciplined about digital evidence. A screenshot may still be useful, but context matters. Metadata matters. The original device may matter. The full conversation may matter. The chain of custody may matter. The absence of surrounding messages may matter.

Practical warning: if a client arrives with a single explosive screenshot, do not treat it as the whole evidential story. Ask where it came from, whether the full thread is available, whether the original device is available, whether there are backups, whether the other party has challenged authenticity, and whether forensic input may be needed.

Read more: Penningtons: Deepfakes, falsified evidence and family law and Guardian report on technology-facilitated abuse.

10. Litigants in person are already using AI

This is perhaps the most immediate change for family lawyers. Litigants in person are increasingly using AI tools to draft emails, position statements, witness statements, C100 applications, non-molestation application narratives, Scott schedules, chronologies and complaints.

Some of that will be helpful. AI can help a distressed person organise their thoughts, reduce repetition and produce a clearer chronology. In a system where many people cannot obtain legal aid or afford representation, that matters.

But there are risks.

  • AI may make weak evidence look persuasive.
  • AI may generate legal language the litigant does not understand.
  • AI may invent case law or procedural rules.
  • AI may encourage overstatement.
  • AI may flatten trauma into polished but emotionally detached prose.
  • AI may remove details that are actually legally important.
  • AI may produce documents that look credible but are not evidentially reliable.
For practitioners: when a litigant in person files a document that appears unusually polished, do not assume dishonesty. They may simply have used AI because they could not access legal help. The right response is not snobbery. The right response is careful scrutiny: what is the evidence, what is the source, what is admitted, what is disputed, and what needs testing?

11. Practical AI traffic light for family law work

Green Usually sensible with safeguards

  • Creating task lists from non-confidential notes.
  • Improving structure and readability.
  • Producing first-draft meeting agendas.
  • Generating neutral client information guides.
  • Summarising public legal information.
  • Creating internal checklists.

Amber Useful but needs close review

  • Summarising disclosure.
  • Drafting chronologies.
  • Producing issue lists.
  • Drafting first versions of position statements.
  • Comparing competing allegations.
  • Preparing client conference notes.

Red High risk

  • Generating witness evidence.
  • Creating factual allegations the client has not given.
  • Uploading confidential documents to public AI tools.
  • Relying on AI for legal authorities without checking.
  • Using AI to assess child welfare risk without professional oversight.
  • Using AI to decide whether domestic abuse has occurred.

Never Do not do this

  • Do not ask AI to “make the evidence stronger”.
  • Do not let AI invent missing facts.
  • Do not cite cases you have not checked.
  • Do not upload children’s records to an unsecured tool.
  • Do not use AI output as a substitute for safeguarding judgment.
  • Do not assume a confident answer is a correct answer.

12. What family firms should do now

Family law firms do not need a 70-page AI strategy before they can act sensibly. But they do need basic governance. The firms that will get into difficulty are not necessarily the firms using AI. They are the firms using AI informally, inconsistently and without records, training or supervision.

Create an AI use register

Record what tools are being used, by whom, for what purpose, with what data, and under what terms. This should include free public tools, paid legal research tools, transcription tools, bundle tools, Microsoft Copilot-style tools and any case management software with AI features.

Classify tools by risk

A grammar checker is not the same as a tool summarising confidential medical records. A legal research assistant is not the same as a tool generating witness evidence. Classify the tool by function, not by marketing label.

Ban confidential uploads to public tools unless approved

Client names, children’s details, addresses, school records, medical records, police disclosure, Cafcass material, social care records and financial disclosure should not be placed into public AI tools without a proper data protection, confidentiality and privilege assessment.

Require source checking

Every legal proposition must be checked against an authoritative source. Every case citation must be verified. Every procedural rule must be checked against the current rules or practice directions.

Protect witness evidence

AI should not be used to generate the substance of a witness’s evidence. It is one thing to help organise a client’s own account. It is another thing to produce a polished narrative that is no longer truly the witness’s evidence.

Train staff properly

Training should not be limited to “how to prompt”. Family lawyers need training on hallucination, confidentiality, bias, safeguarding, digital evidence, privilege, client consent, procurement, data retention and court-document risk.

13. A simple internal AI protocol for family law teams

Suggested starting point:

  1. AI may be used only where it supports, and does not replace, professional judgment.
  2. No confidential client information, children’s information or case documents may be uploaded to a public AI tool unless expressly authorised.
  3. AI must not be used to invent, embellish or strengthen factual evidence.
  4. Witness statements must remain the witness’s own evidence.
  5. All legal research, authorities and procedural references generated or assisted by AI must be independently verified.
  6. AI summaries must be checked against the source material before being relied upon.
  7. Any AI-assisted output used in client work must be reviewed by a suitably competent person.
  8. High-risk use, including analysis of safeguarding material, expert evidence, domestic abuse allegations or children’s records, requires senior approval.
  9. The firm will keep a record of approved AI tools and their permitted uses.
  10. The firm will review its AI policy regularly as technology, guidance and procedural rules develop.

14. Procurement checklist before buying legal AI

Before a family law team buys or switches on an AI tool, these are the questions that should be asked.

Question Why it matters in family law
Is client data used to train the provider’s model? Family files contain intensely private information about children, abuse, finances, health and family life.
Where is the data stored and processed? UK GDPR, confidentiality, international transfers and data retention all matter.
Can the provider offer a data processing agreement? The firm needs contractual protection, not just marketing reassurance.
Does the tool cite or link to source material? Unverifiable answers are dangerous in litigation.
Can outputs be audited? If something goes wrong, the firm needs to know what happened.
Can use be limited by role or matter type? Junior staff should not have unrestricted ability to run high-risk AI analysis on sensitive material.
Does the tool preserve privilege and confidentiality? Family lawyers routinely handle privileged advice and confidential settlement discussions.
What happens when the tool is wrong? The firm remains responsible to the client, the court and the regulator.
Is the tool suitable for England and Wales family law? A general or US-focused tool may produce confident but irrelevant answers.
Has the firm tested the tool on realistic family law scenarios? Tools that perform well on generic tasks may fail when dealing with safeguarding, coercive control or children’s welfare issues.

15. The biggest mistake: treating AI as a drafting tool only

Many lawyers still think of AI as a way to write faster. That is too narrow.

The real legaltech shift is workflow redesign. In family law, that could mean:

  • better client intake questionnaires;
  • early safeguarding triage;
  • automated document collection lists;
  • structured chronologies;
  • issue-based evidence maps;
  • financial remedy disclosure trackers;
  • bundle quality checks;
  • plain English explanations of court orders;
  • post-hearing action plans;
  • limited-scope support for litigants in person.

That is where family law can benefit. Not by outsourcing judgment, but by reducing the administrative chaos that prevents lawyers from exercising judgment properly.

16. The JSH Law view

Legal technology should not be treated as a gimmick. It should not be used to dress up poor work. It should not be allowed to produce unsafe evidence. It should not be used to create a two-tier justice system where represented parties have expensive professional tools and litigants in person are left with public chatbots and no guidance.

But nor should family lawyers bury their heads in the sand.

Family law is overwhelmed by paperwork, delay, cost pressure and unmet legal need. Many people are trying to navigate life-changing proceedings without representation. Many lawyers are drowning in administration. Many judges are dealing with inadequate bundles, late evidence and badly prepared documents. Sensible technology can help.

The future of family law should not be lawyer versus machine. It should be better systems, better preparation, clearer evidence, safer use of data, and more time for the human judgment that family justice desperately needs.

The bottom line: AI can help family lawyers work faster. It cannot decide what is safe for a child. It cannot assess the dynamics of coercive control. It cannot replace advocacy, empathy, forensic judgment or professional responsibility. Use the tool. Do not become dependent on it.

Sources and further reading

  • Legal Services Board: AI-driven innovation plan 2026–27
  • Ministry of Justice: AI tech ambition to deliver smarter justice for victims
  • Civil Justice Council: Use of AI for Preparing Court Documents
  • Judiciary: Artificial Intelligence Judicial Guidance
  • The Law Society: Generative AI – the essentials
  • SRA: Compliance tips for solicitors using AI and technology
  • Nuffield Family Justice Observatory: AI in the family justice system 2026
  • Guardian: Garfield AI court case report
  • Penningtons: Deepfakes, falsified evidence and family law
  • Thomson Reuters: next generation CoCounsel Legal

Need help turning messy family court material into organised, usable evidence?

JSH Law helps litigants in person and family law clients organise documents, prepare chronologies, analyse evidence, identify missing material and turn overwhelming paperwork into clear, court-ready structure.

If you are dealing with family court proceedings and need urgent help preparing documents, evidence or a practical case plan, you can request support through JSH Law.

Contact JSH Law or book a consultation through the website.

This article is for general information only and is not legal advice. Legal technology, AI guidance and court procedure are developing quickly. Practitioners should check the latest rules, guidance and professional obligations before relying on any AI-assisted process in live proceedings.

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https://jshlaw.co.uk/wp-content/uploads/2026/02/ChatGPT-Image-Feb-3-2026-03_26_42-AM.png 1024 1536 jessica susan hill https://jshlaw.co.uk/wp-content/uploads/2026/01/jsh-law-logo-new-black-300x67.png jessica susan hill2026-06-24 14:55:122026-06-24 14:55:16Legal Tech Is Already Changing Family Law — Are Lawyers Ready?

Can We Trust AI With Family Court Documents? Open AI, Closed AI and the Legal Tech Divide

June 3, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Legal Process/by jessica susan hill

Artificial intelligence is already entering family law — but before we ask what AI can draft, summarise or predict, we need to ask a more urgent question: can we trust it with family court documents, children’s information and domestic abuse material? The difference between open AI and closed AI is not just a technical debate for developers. In family law legal tech, it is a question of privacy, safeguarding, transparency, accountability and who gets to control the tools that may shape access to justice.

Legal Technology | Family Law | Artificial Intelligence

Open AI or Closed AI? Why the Difference Matters for Family Law Legal Tech

Artificial intelligence is moving rapidly into legal services. But for family law, the question is not simply whether AI can draft, summarise or analyse. The deeper question is what kind of AI should be trusted with sensitive family court material: open, closed, transparent, proprietary, local, cloud-based, regulated, auditable — or some careful combination of all of them?

By Jessica Susan Hill, JSH Law | Family law, access to justice, litigants in person and legal technology commentary

The real issue is trust

In family law, AI is not being asked to summarise ordinary business documents. It may be asked to handle domestic abuse allegations, safeguarding material, children’s wishes and feelings, Cafcass reports, medical evidence, school records, police disclosure, social services records, witness statements, private messages and intensely personal family histories.

That means the debate between open AI and closed AI is not a niche technical debate. It is an access-to-justice, data protection, safeguarding and public confidence issue.

In this article

  • What do we mean by open AI and closed AI?
  • Why family law is different
  • The case for closed AI in family law legal tech
  • The case for open AI in family law legal tech
  • The risks on both sides
  • What this means for litigants in person
  • What this means for solicitors, barristers and McKenzie Friend support
  • What this means for the family courts
  • The future: hybrid, accountable and human-led

What do we mean by open AI and closed AI?

The language can be confusing. People often use “open AI” to mean several different things:

  • AI models where the code is open;
  • AI models where the model weights are available;
  • AI systems that can be run locally rather than through a private cloud service;
  • AI tools where the training data and methodology are transparent;
  • AI tools that can be inspected, tested, adapted or independently audited; or
  • AI that is simply marketed as “open”, even where important parts remain hidden.

This matters because open-source AI, open-weight AI and transparent AI are not always the same thing.

Plain English definitions

Closed AI usually means a proprietary AI system controlled by a company or provider. Users interact with it through an interface or API, but they cannot fully inspect the model, weights, training data or internal decision-making process.

Open AI usually means an AI system where some elements are more transparent, accessible or modifiable. This may include open-source code, available model weights, local deployment, public documentation, or greater scope for independent testing.

Open-weight AI means the model weights are available, but that does not necessarily mean the full training data, training process, safety testing or source code are open.

For family law legal tech, the question is not ideological. It is practical:

Which model gives the safest, fairest, most accountable support for people dealing with family court?

Why family law is different

Family law is not like ordinary commercial work. It involves children, safeguarding, domestic abuse, emotional distress, personal histories, disputed allegations and confidential court material.

A family law AI tool may be asked to assist with:

  • chronologies;
  • position statements;
  • witness statement structure;
  • Cafcass report review;
  • domestic abuse allegation schedules;
  • child arrangements issues;
  • bundle organisation;
  • fact-finding preparation;
  • summaries of messages, emails and disclosure;
  • identifying missing evidence;
  • drafting questions for hearings;
  • explaining court orders in plain English; and
  • helping litigants in person understand procedure.

These are high-risk tasks. A mistake may not merely inconvenience someone. It may affect how risk is presented, how a child’s welfare is understood, whether domestic abuse is properly identified, or whether a litigant in person feels falsely reassured.

Family law AI must not become false confidence at scale

A tool that sounds confident but misunderstands safeguarding, procedure, evidence or the limits of its own knowledge can be dangerous. In family law, the appearance of authority is not enough. Accuracy, context and human oversight matter.

The case for closed AI in family law legal tech

Closed AI systems are often criticised because users cannot see fully inside them. But they may have important advantages, particularly where the provider has invested heavily in safety, security, reliability, infrastructure, monitoring and user support.

In family law legal tech, closed AI may offer:

  • stronger infrastructure — enterprise-grade hosting, uptime, resilience and support;
  • better usability — interfaces that ordinary users can actually understand;
  • advanced model capability — strong drafting, summarisation and reasoning support;
  • centralised safety controls — provider-level guardrails, abuse monitoring and updates;
  • contractual protections — enterprise agreements, data processing terms and service-level commitments;
  • rapid updates — improvements can be deployed quickly by the provider;
  • support for integrations — document systems, CRMs, practice management platforms and secure legal workflows; and
  • lower technical burden — law firms and support organisations do not need to host or maintain their own models.

For many small law firms, charities, McKenzie Friend services, legal support providers and litigants in person, a closed AI tool may be more realistic than building and maintaining a local AI system.

The best argument for closed AI

Closed AI may be more accessible, more polished and easier to deploy safely at scale. For access to justice, usability matters. A theoretically transparent tool that vulnerable users cannot operate is not useful.

But the trade-off is trust. If the model is closed, users may not know exactly how it was trained, what data influenced it, how it handles bias, or why it produced a particular answer.

The case for open AI in family law legal tech

Open AI appeals to many legal technologists because it promises greater transparency, independence and control.

In family law, open or locally deployable AI could offer:

  • greater auditability — researchers and developers may be able to test behaviour more closely;
  • local deployment — sensitive material may be processed within a controlled environment rather than sent to an external cloud service;
  • customisation — models can potentially be adapted for family law procedure, domestic abuse terminology and litigant in person support;
  • reduced vendor lock-in — organisations are not entirely dependent on one commercial provider;
  • cost control — open models may reduce long-term cost for public-interest projects;
  • public-interest innovation — universities, charities, legal clinics and access-to-justice groups can build tools without waiting for commercial providers;
  • independent testing — bias, hallucination and safeguarding risks can be examined more openly; and
  • sovereignty and control — courts, public bodies or legal charities may prefer systems they can govern directly.

The best argument for open AI

In family justice, transparency matters. If AI tools are used to support vulnerable people, summarise evidence or shape legal preparation, there is a powerful argument that their design, limits and risk profile should be open to scrutiny.

Open AI may be particularly important for public-interest legal technology. If access-to-justice tools are controlled entirely by private providers, there is a risk that family justice innovation becomes dependent on commercial priorities rather than public need.

The risks on both sides

Neither open AI nor closed AI is automatically safe. Both can be used well. Both can be used badly.

Issue Closed AI risk Open AI risk
Transparency Users may not know how the model works or why it produced an answer. Openness may be partial. “Open” does not always mean fully explainable.
Privacy Sensitive family court material may be sent to external systems unless properly controlled. Local deployment may be safer, but poor configuration can create serious security risks.
Cost Subscription costs may exclude small providers, charities and litigants in person. Hosting, maintenance, specialist setup and governance may still be expensive.
Safety Safety controls are provider-controlled and may not be independently visible. Open models can be modified, weakened or misused if safeguards are removed.
Bias Bias may be difficult to audit from outside the system. Bias may still exist in training data, fine-tuning data or deployment choices.
Accountability Responsibility may be blurred between user, firm, platform and model provider. Responsibility may be blurred between model creator, deployer, modifier and end user.

The right question is not “which is good and which is bad?” The right question is:

What safeguards are in place for this specific family law use case?

What this means for litigants in person

Litigants in person are already using AI. Some use it to explain orders, draft emails, summarise evidence, prepare statements or understand court language.

That can be helpful. It can also be risky.

A litigant in person may not know:

  • whether the tool stores their information;
  • whether uploaded documents may be used to improve a model;
  • whether the answer is accurate under family procedure;
  • whether the tool is inventing law or cases;
  • whether confidential family court material can be entered safely;
  • whether the tool understands domestic abuse dynamics;
  • whether the output is too emotional, too aggressive or procedurally inappropriate; or
  • whether they should seek urgent legal advice instead.

Practical guidance for litigants in person using AI

  1. Do not upload confidential family court documents into a tool unless you understand the privacy position.
  2. Do not rely on AI as legal advice. Use it for organisation, plain-English explanation and drafting support, not final legal judgment.
  3. Check every rule, case, form and deadline. AI can be wrong.
  4. Remove children’s names and identifying details where possible.
  5. Use AI to structure your thoughts, not to replace your evidence.
  6. Keep your tone court-appropriate. AI may produce language that feels powerful but is too argumentative for family court.
  7. If safeguarding is urgent, do not wait for AI. Contact police, domestic abuse services, a solicitor or the court as appropriate.

For litigants in person, AI should be a support tool, not a decision-maker. It can help create order from chaos, but it cannot understand your child, your risk, your judge or your evidence in the way a properly informed human professional can.

What this means for solicitors, barristers and McKenzie Friend support

Legal professionals and litigation support providers need to think carefully about what kind of AI they use and for what purpose.

For professional users, the key questions include:

  • Is client consent required before using AI on their material?
  • Is the data being uploaded to a third-party system?
  • Is the tool covered by a proper data processing agreement?
  • Can confidential, privileged or sensitive material be used safely?
  • Can outputs be checked by a competent human?
  • Is the model being used for administrative support or legal reasoning?
  • Is the tool suitable for domestic abuse and safeguarding material?
  • Is there an audit trail?
  • Who is responsible if the output is wrong?
  • Can the organisation explain its AI use to clients and the court?

The professional duty point

AI does not remove professional responsibility. If a human professional uses AI to prepare, summarise or draft material, the human remains responsible for checking accuracy, confidentiality, tone, relevance and procedural appropriateness.

In practice, the safest immediate uses of AI in family law are likely to be:

  • document organisation;
  • drafting neutral chronologies;
  • identifying missing documents;
  • creating first-draft hearing preparation notes;
  • turning emotional narratives into structured issue lists;
  • summarising long message threads, subject to confidentiality controls;
  • plain-English explanation of procedural terminology; and
  • internal workflow support.

The higher-risk uses are:

  • predicting case outcomes;
  • assessing witness credibility;
  • ranking parental risk without expert oversight;
  • generating legal advice without review;
  • drafting allegations without evidential checking;
  • summarising children’s wishes and feelings without context;
  • analysing domestic abuse dynamics without specialist knowledge; and
  • producing court-ready documents with no human review.

What this means for the family courts

The courts will increasingly encounter AI-generated material. Litigants in person may file AI-assisted statements. Lawyers may use AI to summarise bundles. Judges may use AI in limited administrative or research-support contexts, subject to judicial guidance.

The family court will therefore need a practical approach, not panic and not blind enthusiasm.

The court may need to ask:

  • Was AI used to prepare this document?
  • Has the party checked the content personally?
  • Are there invented cases, inaccurate rules or unsupported allegations?
  • Has confidential material been handled appropriately?
  • Is the document still the party’s own evidence?
  • Has AI made the material clearer, or has it distorted the party’s voice?
  • Is the use of AI creating unfairness between represented and unrepresented parties?

AI should not erase the litigant’s voice

In family court, personal evidence matters. A polished AI-assisted statement may look impressive, but it must still be accurate, truthful and genuinely based on the party’s own evidence. The court needs clarity, not artificial perfection.

This is where family law legal tech must be designed carefully. The goal should not be to make every litigant sound like a barrister. The goal should be to help people present relevant facts, evidence, chronology and safeguarding concerns in a way the court can understand.

The future: hybrid, accountable and human-led

The future of family law legal tech is unlikely to be purely open or purely closed.

The better model is likely to be hybrid:

  • closed, secure systems for some high-capability tasks;
  • open or locally hosted models for sensitive document analysis;
  • specialist family law workflows designed by people who understand court process;
  • clear user warnings and limits;
  • human review before anything is filed or relied upon;
  • audit trails for professional users;
  • privacy-by-design architecture;
  • plain-English support for litigants in person;
  • specialist safeguarding prompts; and
  • transparent governance about what the tool can and cannot do.

Family law AI should be judged by practical outcomes:

  • Does it help people understand the process?
  • Does it protect confidentiality?
  • Does it reduce overwhelm?
  • Does it improve the quality of evidence organisation?
  • Does it avoid making unsafe assumptions?
  • Does it support, rather than replace, human judgment?
  • Does it make access to justice better for people who cannot afford representation?

The standard should be higher in family law

In family law, AI tools must be designed for vulnerability, trauma, safeguarding, privacy and procedural fairness. A generic AI assistant is not automatically suitable for family court work.

Practical summary

  1. Open AI and closed AI are not simple opposites. There are degrees of openness, transparency and control.
  2. Closed AI may offer power, polish and safety infrastructure. But it can be harder to inspect or audit.
  3. Open AI may offer transparency, control and local deployment. But it can still be risky if poorly governed.
  4. Family law is high-risk. Children, safeguarding, domestic abuse and confidential court material require stricter standards.
  5. Litigants in person need clear warnings. AI can help organise material, but it is not a solicitor, barrister or judge.
  6. Professionals remain responsible. AI output must be checked carefully before being used.
  7. The future is likely to be hybrid. The best systems will combine capability, privacy, accountability and human oversight.

Need help organising your family court case?

JSH Law supports litigants in person with practical family court preparation, including document organisation, chronologies, position statements, safeguarding issue mapping, Cafcass report review and hearing preparation.

AI can help people organise information, but it should not replace careful human review, procedural understanding or safeguarding awareness.

Final thought: family law legal tech must be built for trust

Open AI and closed AI both have a role to play. But in family law, the priority cannot simply be speed, automation or novelty.

The priority must be trust.

Trust that private family material is protected.

Trust that survivors of abuse are not misunderstood by generic systems.

Trust that children’s welfare is not reduced to a data-processing exercise.

Trust that litigants in person are being supported, not misled.

Trust that human professionals remain accountable.

The future of family law legal tech should not be open versus closed as a slogan. It should be safe, transparent, accountable and human-led by design.

Useful links and further reading

  • Open Source Initiative: The Open Source AI Definition
  • ICO: Artificial intelligence and data protection
  • ICO: Guidance on AI and data protection
  • The Law Society: Generative AI — the essentials
  • The Law Society: AI and lawtech policy
  • Judiciary: Artificial Intelligence Guidance for Judicial Office Holders
  • UK Government: AI regulation — a pro-innovation approach
Jessica Susan Hill of JSH Law

About the author

Jessica Susan Hill is the founder of JSH Law, supporting litigants in person with practical family court preparation, document organisation, hearing support, chronologies, position statements and procedural guidance.

Jessica writes about access to justice, family court reform, domestic abuse, safeguarding, litigants in person and the role of legal technology in improving practical support for court users.

Regulatory & Editorial Notice

This article is provided for general public legal education, technology commentary and access-to-justice discussion only. It is not legal advice, technology procurement advice, data protection advice or professional regulatory advice.

JSH Law is not regulated by the Solicitors Regulation Authority and does not conduct reserved legal activities. Support is provided to litigants in person in a practical, procedural and document-preparation capacity.

Anyone using AI in connection with legal work, family court documents, children proceedings, domestic abuse material, confidential information or personal data should consider confidentiality, privilege, data protection, court rules, professional duties and the need for human review. Where formal legal advice, data protection advice, regulated legal services or specialist technology governance is required, readers should seek assistance from an appropriately qualified professional.

References to third-party guidance, AI systems and legal technology developments are included for public-interest discussion and may change as law, regulation and technology develop.

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https://jshlaw.co.uk/wp-content/uploads/2026/02/ChatGPT-Image-Feb-3-2026-03_26_42-AM.png 1024 1536 jessica susan hill https://jshlaw.co.uk/wp-content/uploads/2026/01/jsh-law-logo-new-black-300x67.png jessica susan hill2026-06-03 18:55:322026-06-03 18:55:34Can We Trust AI With Family Court Documents? Open AI, Closed AI and the Legal Tech Divide

Pathfinder Is Failing Children: What Litigants in Person Are Really Seeing Inside the Family Courts

May 26, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Justice Reform, AI & Legal Process/by jessica susan hill

Pathfinder is being presented as the future of private family law: quicker, more child-focused, and more responsive to harm. But many litigants in person are experiencing something very different — delay, weak analysis, overstretched Cafcass involvement, and children left suffering while adults talk about reform. If the system says it is now listening to children, the real question is whether it is truly understanding them.

Illustration representing Pathfinder family court reform, Cafcass pressures, and children caught in private family law proceedings

Pathfinder, Cafcass and the Children Still Falling Through the Cracks

Why Many Litigants in Person Feel the Family Court Reforms Are Failing the Very Children They Claim to Protect

There is a growing narrative within the family justice system that the new “child focused courts” model — previously known as the private law Pathfinder — represents a transformational shift in private family law proceedings.

Cafcass leaders have described the reform as a major opportunity to see more children, earlier in proceedings. The judiciary has welcomed the national rollout of Child Focused Courts across England and Wales. Cafcass’s own Strategic Plan 2026–2029 describes the reform as one of the most significant changes to private family law proceedings in a generation.

On paper, this sounds encouraging.

But many parents living through the family court system are asking a very different question:

The Question Families Are Asking

If the system is improving, why are so many children still losing meaningful relationships with safe parents?

At JSH Law, we speak to litigants in person who describe delay, weak safeguarding, inconsistent Cafcass involvement, poor-quality reports, minimisation of coercive control, procedural chaos, and a system that often appears overwhelmed long before a child’s voice is properly heard.

For many families, Pathfinder does not feel child-focused.

It feels process-focused.

And children are paying the price.

A System Under Pressure — and Children Caught in the Middle

Recent reporting on Cafcass and private law reform states that Cafcass family court advisers are expected to move from seeing children in around 30% of private law cases to approximately 75%.

That sounds positive. Children should be seen. Their wishes and feelings matter. Their lived experience should be central to proceedings about where they live, who they spend time with, and whether they are safe.

But the problem is not the principle.

The problem is implementation.

The Reality on the Ground

Many litigants in person experience a system where:

  • Cafcass officers appear overstretched;
  • reports vary dramatically in quality;
  • safeguarding concerns are not always analysed with sufficient depth;
  • coercive control can be misunderstood or minimised;
  • children wait months to be properly heard;
  • interim arrangements drift into long-term realities;
  • and the parent-child relationship can be damaged before the court has fully understood the facts.

Once contact has broken down for months — sometimes longer — the damage to the child’s relationship with a parent can become profound.

Children do not experience delay in the same way institutions do. A year in adult litigation is frustrating. A year in a child’s life can be formative.

“The Child’s Voice” Means Very Little If the System Cannot Properly Analyse What It Is Hearing

One of the central ideas behind Pathfinder and Child Focused Courts is the increased use of Child Impact Reports. These reports are intended to bring the child’s experience into the case earlier.

That is a good aim.

But speaking to a child is not the same as understanding the dynamics around that child.

Children caught in private law proceedings may be navigating:

  • coercive control;
  • loyalty conflict;
  • emotional pressure;
  • fear;
  • trauma responses;
  • attachment disruption;
  • adult narratives imposed upon them;
  • and anxiety about upsetting either parent.

Seeing a Child Is Not the Same as Understanding a Child

A short wishes-and-feelings exercise cannot safely untangle complex family dynamics unless the practitioner has the time, training, evidence, and analytical framework to understand what is really happening.

That is particularly important where domestic abuse, coercive control, parental manipulation, alienating behaviours, or post-separation abuse are alleged.

A rushed assessment may give the appearance of listening to the child while still failing to understand the pressures operating around them.

The Harm Panel Warned About These Problems in 2020

The Ministry of Justice’s landmark Harm Panel Report, formally titled Assessing Risk of Harm to Children and Parents in Private Law Children Cases, identified serious structural problems in the family court system.

The report found that domestic abuse was too often minimised, children’s voices were not sufficiently heard, and a pro-contact culture could create unsafe outcomes.

That report was published in 2020.

Six years later, many litigants in person still describe the same problems.

Six Years After the Harm Panel

The family justice system has had years to absorb the findings of the Harm Panel. Yet many parents still report:

  • domestic abuse being minimised;
  • coercive control being misunderstood;
  • children’s expressed wishes being taken at face value without enough analysis;
  • unsafe contact being normalised;
  • and victims being treated as “difficult” when they raise safeguarding concerns.

The Domestic Abuse Commissioner has continued to raise concerns about the experience of victims and survivors in the family court. Her work on the Family Court and domestic abuse highlights continuing concerns about trauma, unsafe outcomes, and cultural change still being needed.

The Problem With “Speed” in Family Justice

One of the major selling points of Pathfinder is speed.

Children should not spend years in proceedings. That is right.

But speed without depth is dangerous.

A flawed assessment completed quickly is not justice.

A weak safeguarding analysis produced within target timescales is not safeguarding.

A child’s relationship with a parent should not be permanently damaged because the system is trying to move quickly through an overloaded list.

Fast Is Not the Same as Safe

The family court should not confuse administrative efficiency with child protection. A quick report is only useful if it is accurate, balanced, properly evidenced, and alert to coercive and controlling dynamics.

Many litigants in person feel railroaded through proceedings where allegations are not properly tested, evidence is not properly analysed, and interim arrangements become entrenched before the court has reached a fully informed view.

In private children proceedings, “temporary” can become a childhood.

The Reality for Litigants in Person

The family court is increasingly populated by parents without legal representation.

The Law Society has previously reported that in a significant proportion of private family law cases, both parties are unrepresented. This matters because litigants in person are expected to navigate a legally and emotionally complex process while often being under extreme stress.

They may be expected to:

  • understand safeguarding law and procedure;
  • prepare evidence;
  • respond to Cafcass reports;
  • challenge weak recommendations;
  • understand Practice Direction 12J;
  • prepare position statements;
  • draft witness statements;
  • deal with disclosure;
  • understand fact-finding hearings;
  • and advocate in emotionally charged hearings.

The Litigant in Person Problem

Private family law reform cannot work properly if the system continues to assume that unrepresented parents can somehow perform the role of solicitor, evidence manager, safeguarding analyst, advocate, and traumatised parent all at once.

This is one of the reasons JSH Law exists: to help litigants in person bring structure, clarity, chronology, evidence management, and procedural understanding to cases that can otherwise feel impossible to manage alone.

The Difficult Truth About Cafcass

There are undoubtedly excellent Cafcass officers. Many care deeply about children and are trying to do difficult work in difficult conditions.

But systems matter more than individual goodwill.

The current system appears structurally overstretched. Cafcass’s own strategic materials refer to the scale of reform, the need for workforce capacity, and the importance of ensuring areas do not go live without sufficient practitioners.

Recent reporting has also highlighted demand pressures, caseload pressures, recruitment issues, and sickness absence.

Good People Cannot Fix a Broken Structure Alone

When professionals are overloaded, analytical quality is at risk. When analytical quality drops, children are at risk of becoming case numbers rather than fully understood human beings.

This is not about attacking individual Cafcass officers. It is about asking whether the structure they are working within is capable of delivering what children actually need.

Family Courts Are Still Struggling to Understand Coercive Control

One of the greatest ongoing concerns in private law children proceedings remains the handling of coercive and controlling behaviour.

Coercive control is rarely simple. It is not always obvious. It often involves patterns rather than single incidents.

It may include:

  • emotional manipulation;
  • gaslighting;
  • financial control;
  • threats;
  • isolation;
  • litigation abuse;
  • controlling communication;
  • weaponising children;
  • undermining the other parent’s relationship with the child;
  • and creating a climate of fear or instability.

The statutory definition of domestic abuse is now set out in the Domestic Abuse Act 2021. The Act expressly recognises controlling or coercive behaviour, and it also recognises that children can be victims of domestic abuse where they see, hear, or experience the effects of abuse.

Children Can Be Victims of Domestic Abuse

Under the Domestic Abuse Act 2021, section 3, a child who sees, hears, or experiences the effects of domestic abuse is treated as a victim of domestic abuse in their own right.

This matters enormously in private law proceedings.

A child is not merely “caught in the middle” when there is coercive control. A child may be directly harmed by the atmosphere, fear, pressure, instability, and emotional consequences of abuse.

Could Technology and AI Help?

This is where the conversation becomes uncomfortable for some professionals.

Many litigants are now asking whether properly designed legal technology and AI tools could help the family justice system analyse evidence more consistently.

AI is not a replacement for judges, social workers, lawyers, or safeguarding professionals.

But it may become a valuable support tool.

Where AI Could Help

Used ethically, transparently, and carefully, AI could assist with:

  • chronology analysis;
  • identifying patterns of coercive behaviour;
  • flagging inconsistencies in evidence;
  • mapping allegations to statutory definitions;
  • organising large bundles;
  • supporting litigants in person with procedural preparation;
  • helping professionals identify safeguarding issues earlier;
  • and reducing administrative overload.

AI does not get tired halfway through a caseload.

It does not experience compassion fatigue.

It does not forget key chronology points after a difficult week.

It does not unconsciously prefer the more articulate litigant because they present better in a short meeting.

But AI also carries risks.

It can be biased. It can be wrong. It can hallucinate. It can reinforce existing systemic assumptions if designed badly.

That is why AI in family justice must be carefully governed, auditable, transparent, and used as a support mechanism — not as a substitute for human judgment.

The Sensible Position on AI

The question is not whether AI should replace Cafcass, judges, or lawyers. It should not. The question is whether carefully designed legal technology could reduce avoidable error, improve consistency, assist litigants in person, and help professionals manage evidence more safely.

What Would Actually Help Children?

If the family justice system genuinely wants to become child-focused, it must move beyond language and confront the harder structural issues.

1. Smaller Caseloads

No safeguarding professional can consistently produce high-quality analysis while carrying an unmanageable caseload.

2. Better Training on Coercive Control

Not superficial training. Not tick-box training. Deep, practical, behavioural training on post-separation abuse, coercive control, trauma, litigation abuse, and child impact.

3. Proper Support for Litigants in Person

Litigants in person need clear procedural guidance, accessible legal information, structured templates, and affordable support to prepare their cases properly.

4. Independent Oversight of Cafcass Report Quality

There must be more meaningful accountability where reports are weak, incomplete, poorly reasoned, or fail to engage with safeguarding evidence.

5. Better Evidence Management

Courts need better systems for handling chronologies, messages, allegations, police evidence, school evidence, medical evidence, and patterns of behaviour.

6. Ethical Use of Legal Technology

AI and legal technology should be explored as tools to improve consistency, identify safeguarding concerns, support litigants in person, and reduce administrative burden.

7. A Realistic Understanding of Child Time

Children cannot wait years for adults to perfect a system around them.

The Central Issue

Family justice reform must be measured by what happens to children in real cases — not by whether a new process sounds better on paper.

What Litigants in Person Can Do Now

If you are involved in private law children proceedings and you are worried about a Cafcass report, safeguarding analysis, contact breakdown, or Pathfinder process, you need to get organised early.

Practical steps may include:

  • keeping a clear chronology;
  • saving all relevant communication;
  • identifying specific safeguarding concerns;
  • mapping allegations to evidence;
  • understanding PD12J;
  • preparing focused position statements;
  • responding carefully to Cafcass reports;
  • asking the court for specific directions where evidence is missing;
  • and avoiding emotional, unfocused submissions wherever possible.

JSH Law Can Help

JSH Law supports litigants in person with court preparation, chronologies, statements, evidence organisation, Cafcass report responses, safeguarding issue mapping, and hearing preparation.

If you are representing yourself in private children proceedings and feel overwhelmed, you do not have to manage the entire process alone.

Final Thoughts

There are good people inside Cafcass. There are dedicated judges. There are committed practitioners. But good intentions alone do not fix structural problems.

Many litigants in person feel the family justice system remains reactive, inconsistent, overloaded, and too often incapable of properly understanding the complexity of coercive control, domestic abuse, and long-term parent-child harm.

Pathfinder may be intended as reform.

But from the perspective of many families living through it, it risks becoming another procedural redesign that does not address the deeper cultural and operational problems underneath.

Children deserve more than optimistic policy language.

They deserve systems capable of consistently protecting them.

And right now, many families do not believe we are there yet.

Children Cannot Wait

A delayed childhood cannot be repaired by a better policy document years later. If reform is not felt by children and families on the ground, it is not yet reform.


Regulatory & Editorial Notice

JSH Law is not a firm of solicitors and is not regulated by the Solicitors Regulation Authority. We provide litigation support, procedural assistance, legal information, and McKenzie Friend services to litigants in person. We do not conduct litigation or carry out reserved legal activities.

This article is general commentary on matters of public interest relating to the family justice system, Cafcass, Child Focused Courts, domestic abuse, safeguarding, access to justice, and litigants in person. Any references to lived experience, poor practice, or systemic concern are made in general and anonymised terms. No confidential details of any individual case are disclosed.

This article does not constitute legal advice. Readers should obtain advice from a qualified legal professional about their own circumstances.

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BSB AI Guidance 2026: What Barristers Must Now Understand About AI, Ethics and Professional Competence

May 20, 2026/0 Comments/in AI & Legal Process, Legal Reflections, McKenzie Friend Support/by jessica susan hill

Almost a year after the decision in Ayinde v London Borough of Haringey [2025] EWHC 1383 (Admin) should have woken the sleeping bears in the legal profession, the Bar Standards Board has now published its long-awaited guidance on the use of Artificial Intelligence and emerging technologies by barristers. The message is unmistakable: competence in modern legal practice now includes understanding AI, its risks, its limitations and its ethical implications. This is no longer simply a technology discussion. It is now a professional standards issue.

Newsflash for Barristers: AI Competence Is Now a Professional Standards Issue

Almost a year after Ayinde v London Borough of Haringey [2025] EWHC 1383 (Admin), the legal profession has received another clear warning: artificial intelligence is no longer something barristers can treat as optional background noise. The Bar Standards Board’s new guidance on the use of Artificial Intelligence and other technologies, published on 18 May 2026, makes the position plain. AI is now firmly within the territory of professional competence, ethical judgment, client protection and duties to the court.

For barristers, this is not simply about whether they personally use ChatGPT, Copilot, Claude, Gemini or any other AI system. It is about whether they understand how these tools may affect their work, their clients, their opponents, the evidence before the court and the administration of justice itself.

The Core Message

AI is a tool. It is not a substitute for professional judgment.

Barristers remain responsible for every submission, every authority, every factual assertion and every document placed before the court. If AI has assisted in producing that work, the professional responsibility still sits with the human advocate.

Why This Guidance Matters

The Bar Standards Board has made clear that existing professional duties already apply to the use of AI and other technologies. This is important. The BSB has not created a separate “AI rulebook” sitting outside professional conduct. Instead, it has confirmed that the familiar duties of competence, honesty, confidentiality, independence and client protection all apply when technology is used in legal practice.

The guidance follows a period of growing concern about legal professionals relying on AI-generated material without proper verification. The most obvious warning sign came from Ayinde v London Borough of Haringey, where the court considered the use of false legal citations in court material. The case became a watershed moment because it exposed the risk of AI-generated legal content being treated as reliable when it had not been properly checked.

This should have woken the sleeping bears in the legal profession. In truth, some were already awake. Others are only just realising that AI is not simply a productivity tool. It is a professional standards issue.

Key Authority

BSB Guidance: New guidance supports barristers to safely adopt Artificial Intelligence and emerging technologies

Judgment: Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank

Core Duties: The BSB Core Duties

Core Duty 7: Competence Now Includes AI Literacy

Core Duty 7 requires barristers to provide a competent standard of work and service to each client. The BSB’s new guidance makes clear that competence now includes maintaining a sufficient level of awareness of technology and AI to understand how they may affect practice.

That does not mean every barrister must become a software engineer. It does mean that a barrister cannot responsibly ignore AI altogether.

A competent barrister now needs to understand, at least at a practical level:

  • how AI tools may generate inaccurate or fabricated material;
  • how AI-generated citations, summaries or submissions can mislead the court if not checked;
  • how client confidentiality and legal professional privilege may be compromised;
  • how AI may be used by clients, opponents, solicitors, experts or litigants in person;
  • how AI-generated evidence or prompt histories may arise in proceedings;
  • how bias may appear in AI outputs; and
  • what safeguards are needed before any AI-assisted work is relied upon.

Professional Standard

The “I do not use AI” answer is no longer enough.

Even barristers who do not personally use AI still need to understand how it may affect their cases, their clients, opposing parties, evidence and court submissions.

The Lesson from Ayinde

Ayinde was not just a case about fake citations. It was a case about professional responsibility.

The court was concerned with legal material being placed before it without proper checking. That concern goes directly to the administration of justice. Courts rely on lawyers to assist them accurately. When non-existent authorities, inaccurate quotations or unreliable legal propositions are put before the court, the problem is not merely technical. It undermines trust.

AI systems can produce text that looks confident, polished and legally plausible. That is precisely why they are dangerous when used without verification. A hallucinated authority may look entirely credible to a busy reader. It may contain a realistic case name, a neutral citation, judicial language and a convincing summary. But if it does not exist, it is not a minor drafting error. It is a serious professional problem.

Client Confidentiality and Privilege

One of the most important issues raised by AI in legal practice is confidentiality.

Barristers handle highly sensitive material. In family law, that may include allegations of domestic abuse, safeguarding concerns, medical information, children’s wishes and feelings, school records, police material, local authority records and private communications.

Putting that information into a free or general AI tool without proper safeguards may create serious risks. The questions are obvious:

  • Where is the data going?
  • Is it being stored?
  • Can it be reviewed by humans?
  • Can it be used to train future systems?
  • Has the client consented?
  • Has privilege been protected?

Confidentiality Warning

Free or general AI tools should not be treated as safe spaces for client information.

Where sensitive or privileged information is involved, barristers must consider confidentiality, data security, contractual protections, client consent and professional obligations before using AI.

Why Family Law Needs Particular Care

Family law is one of the areas where AI competence matters most.

Litigants in person are already using AI. They are using it to draft statements, prepare position statements, summarise messages, organise evidence, understand procedure and prepare questions for hearings. Some are using it carefully. Some are not.

This creates a new challenge for the family justice system. AI-generated material may appear in proceedings without being clearly identified. A parent may rely on an AI-generated summary of WhatsApp messages. A witness statement may contain legal phrases the party does not understand. A chronology may omit context because an AI tool compressed the material too aggressively. A safeguarding concern may be overstated, understated or framed in language that does not reflect the underlying evidence.

This does not mean AI should be dismissed. Used carefully, AI can help litigants in person organise complex information and reduce procedural overwhelm. But used carelessly, it can distort evidence, create false confidence and introduce material that may not withstand scrutiny.

Family Justice Reality

The family court is already in the AI era.

The issue is no longer whether litigants in person will use AI. They already are. The real question is whether lawyers, barristers, judges, regulators and support professionals can respond safely, ethically and intelligently.

Bias, Safeguarding and Vulnerable Court Users

AI systems are not neutral simply because they are technological. They are trained on data. That data may contain bias, assumptions and patterns that do not translate safely into legal decision-making.

In family proceedings, this matters. Cases may involve trauma, domestic abuse, coercive control, disability, neurodivergence, poverty, language barriers, cultural issues and safeguarding concerns. An AI system may not understand the lived reality behind the material it processes. It may miss context. It may flatten nuance. It may reproduce stereotypes. It may present speculation as analysis.

Barristers must therefore remain alert to bias in AI outputs and must not allow AI-generated material to replace human judgment, evidential analysis or professional responsibility.

The Duty to the Court Comes First

Core Duty 1 requires barristers to observe their duty to the court in the administration of justice. That duty remains central when AI is used.

If AI assists with drafting, research, summarising or analysis, the barrister must still ensure that anything placed before the court is accurate, properly sourced and not misleading. The court is entitled to expect that legal professionals have checked their work.

That includes checking:

  • case citations;
  • statutory references;
  • quotations;
  • procedural rules;
  • practice directions;
  • factual summaries;
  • chronologies;
  • and any legal propositions generated or assisted by AI.

The Non-Negotiable Rule

If you put it before the court, you own it.

AI cannot be blamed for inaccurate submissions. Professional responsibility remains with the barrister.

Transparency: When Should AI Use Be Disclosed?

The question of transparency is likely to become increasingly important. Not every use of AI will need to be announced. There is a difference between using AI to improve internal workflow and relying on AI-generated legal or evidential analysis in a way that affects the service provided.

However, barristers should consider whether AI use has a material impact on the work being done, the advice being given or the material being placed before the court. They should also consider whether the client needs to know that AI is being used and whether consent is required in the circumstances.

The safest approach is not performative disclosure. It is thoughtful, risk-based transparency.

The New Competence Standard for Modern Advocates

The future barrister will not be replaced by AI. But the barrister who understands AI may have a significant advantage over the barrister who ignores it.

The modern advocate will increasingly need:

  • legal expertise;
  • ethical judgment;
  • digital literacy;
  • evidence-handling skills;
  • data awareness;
  • an understanding of AI limitations;
  • and the ability to explain technology-related risks clearly to clients and courts.

This is particularly true in family law, where the volume of digital evidence is increasing and where litigants in person are often trying to navigate complex proceedings with limited resources.

The Bigger Point

AI competence is not about chasing trends. It is about protecting clients, protecting the court process and protecting the integrity of legal work.

Technology does not remove professional duties. It sharpens them.

What Barristers Should Be Doing Now

Barristers should now be taking practical steps to ensure that their use, understanding and supervision of AI is consistent with professional obligations.

At a minimum, that should include:

  • reading the BSB guidance in full;
  • reviewing chambers policies on AI and technology;
  • checking whether any AI tools used are secure and appropriate;
  • avoiding the input of confidential or privileged material into unsafe systems;
  • verifying all AI-assisted legal research against authoritative sources;
  • keeping records of how AI-assisted work has been checked where appropriate;
  • being alert to AI-generated material produced by clients or opponents;
  • considering whether AI use should be disclosed to clients;
  • and undertaking training sufficient to maintain technological competence.

For Those Training Toward Advocacy, the Message Is Clear

This guidance is not only relevant to practising barristers. It is also important for anyone training toward qualification, advocacy or a future role in modern legal practice.

The standards expected of the profession are moving. Those entering the profession now need to understand not only black-letter law and procedure, but also how technology interacts with evidence, ethics, confidentiality, client care and court duties.

That does not diminish the role of lawyers. It raises the standard.

Final Thought

The legal profession does not need to panic about AI. But it does need to stop pretending that AI is optional.

The BSB’s guidance is a significant marker in the development of professional standards. It confirms that AI is now part of the competence conversation. For barristers, the message is simple: understand the tools, understand the risks, protect your clients, protect the court, and never allow technology to replace professional judgment.

Almost a year after Ayinde, the warning has become impossible to ignore. The sleeping bears have been woken.

About the Author

Jessica Susan Hill is the founder of JSH Law, providing practical family court support, litigation strategy and evidence-led case analysis for litigants in person.

Jessica works at the intersection of family justice, access to justice and emerging legal technology, with a particular interest in how AI can be used safely and ethically to support litigants in person, improve procedural clarity and reduce overwhelm in complex family proceedings.

JSH Law is not an SRA-regulated firm and does not conduct reserved legal activities. Support is provided to litigants in person through litigation support, McKenzie Friend services, document preparation, hearing preparation and strategic case organisation.

Visit JSH Law

Regulatory & Editorial Notice: This article is published for general information and commentary only. It is not legal advice and should not be relied upon as a substitute for advice from a suitably qualified legal professional. References to the Bar Standards Board, reported cases, professional duties and external guidance are provided for public-interest discussion and educational purposes. JSH Law is not affiliated with the Bar Standards Board, the Bar Council or any chambers mentioned in related commentary.

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Mazur, AI, and the Future of Legal Support | JSH Law

April 3, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Justice Reform/by jessica susan hill

The legal landscape is shifting in two powerful directions at once. On one hand, the High Court decision in Mazur v Charles Russell Speechlys LLP has reinforced the boundaries around who can legally conduct litigation. On the other, artificial intelligence is rapidly expanding what litigants in person are capable of achieving without formal representation. These developments are not in conflict—they are converging. Together, they are reshaping the future of legal support into something more structured, more transparent, and ultimately more empowering for those navigating the system themselves.

Mazur, AI, and the Future of Legal Support | JSH Law
Key Takeaways
  • Mazur reinforces that conduct of litigation must remain with authorised or exempt individuals.
  • AI does not replace the litigant — it enhances their ability to run their case.
  • The future of legal support lies in structured, transparent, tech-enabled models.
  • Litigants in person can become more capable, not more dependent.
  • The combination of AI and proper legal structure will redefine access to justice.

Mazur, AI, and the Future of Legal Support

The legal system is entering a period of change that is both structural and technological.

On one side, the High Court decision in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) has reinforced the boundaries of who can legally conduct litigation. On the other, the rapid development of artificial intelligence is transforming how legal work is prepared, structured, and delivered.

At first glance, these developments may appear to be in tension.

One restricts who can carry out certain legal functions. The other expands who can access tools that were once limited to professionals.

In reality, they are moving in the same direction.

Towards a legal system where structure, transparency, and capability matter more than ever.

—

The Reinforcement of Legal Boundaries

The significance of Mazur lies not in creating new law, but in clarifying how existing law is to be applied.

The decision reinforces a simple but important principle:

The conduct of litigation is a reserved activity. It cannot be delegated simply through supervision or informal arrangements.

This draws a clear boundary around who can formally run a case.

For litigants in person, that boundary is not a barrier—it is a framework.

It confirms that the case is, and remains, theirs.

—

The Rise of AI in Legal Support

At the same time, artificial intelligence is rapidly changing how legal work is done.

Tasks that once required significant time and expertise can now be supported by systems that:

  • Analyse large volumes of documents
  • Structure arguments and chronologies
  • Assist with drafting and refinement
  • Identify gaps and inconsistencies

These tools are not theoretical.

They are already being used across the legal sector, from large firms to individual practitioners.

The question is not whether AI will play a role in legal support.

It is how that role is defined.

—

AI Does Not Conduct Litigation

This is where the alignment between Mazur and AI becomes clear.

AI does not “conduct litigation”.

It does not make decisions, take responsibility, or act on behalf of a party in a legal sense.

What it does is enhance capability.

It enables:

  • Better preparation
  • Clearer structure
  • More efficient organisation

Used properly, AI sits firmly within the category of support.

It strengthens the litigant’s ability to run their own case, rather than replacing them.

—

A Shift From Representation to Enablement

Traditionally, legal services have been built around representation.

A solicitor or barrister takes conduct of the case and acts on behalf of the client.

For many litigants in person, that model is not accessible.

What is emerging instead is a different model.

One based on enablement.

In this model:

  • The litigant remains in control
  • Support is provided to enhance capability
  • Technology is used to improve structure and clarity

This is not a second-tier alternative.

It is a distinct and increasingly important part of the legal ecosystem.

—

The Risk of Getting It Wrong

As with any shift, there are risks.

AI, if misunderstood, can create the same problems as poorly structured human support.

If it is used in a way that removes the litigant from decision-making, or creates a sense that the case is being “run externally”, then the underlying issue remains.

The tool itself is not the risk.

How it is used is what matters.

—

The Opportunity for Litigants in Person

For litigants in person, this moment presents a significant opportunity.

With the right approach, it is now possible to:

  • Prepare cases to a higher standard
  • Organise evidence more effectively
  • Present arguments with greater clarity

Without stepping outside the boundaries of the law.

This is not about replacing legal professionals.

It is about increasing the capability of those who are navigating the system themselves.

—

A More Structured Future

The combined effect of Mazur and AI is likely to lead to a more structured approach to legal support.

We can expect to see:

  • Clearer definitions of roles
  • More transparent support models
  • Greater emphasis on litigant control

At the same time, the tools available to litigants will continue to improve.

This creates a system that is both more disciplined and more accessible.

—

Where This Leaves Legal Professionals

For legal professionals, this shift is not a threat—it is a redefinition.

There will always be a need for authorised representation.

But alongside that, there is a growing space for:

  • Strategic support
  • Case structuring
  • Technology-enabled assistance

Those who understand this shift are likely to play a key role in shaping the future of legal services.

—

Final Thoughts

The legal system is not standing still.

Mazur reinforces the boundaries of who can formally conduct litigation.

AI expands the tools available to those who cannot access traditional representation.

Together, they point towards a future where:

Litigants in person are not left behind — but are better equipped, better supported, and more capable than ever before.

The key is structure.

Get that right, and both law and technology work in your favour.

—

Want to Use AI and Legal Strategy Properly in Your Case?

If you are a litigant in person and want structured, forward-thinking support that combines legal strategy with modern tools, you can book an initial consultation below.

—

Regulatory & Editorial Notice: JSH Law Ltd is not a firm of solicitors and does not provide regulated legal services. This article is for general information and commentary only and does not constitute legal advice. Any references to legal cases or third-party practices are provided for public interest analysis and educational purposes.

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The “Vibe Lawyer” Moment: AI, Litigants in Person, and the Coming Shockwave for the Family Courts

March 2, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Justice Reform, AI & Legal Process/by jessica susan hill

Litigants in person are being called “vibe lawyers” for using AI to draft complaints and court documents. But behind the headlines lies a harder truth: people are turning to artificial intelligence because they cannot afford representation in an increasingly complex and overstretched justice system. Judges are right to be concerned about fake citations and procedural errors. Yet dismissing AI use outright misses the deeper issue — access to justice has been under strain for years, and technology is now filling the gap.

The “Vibe Lawyer” Moment: AI, Litigants in Person, and the Coming Shockwave for the Family Courts

By Jessica Susan Hill | JSH Law

Key Takeaways (Read This First)

  • AI is already changing litigation behaviour — the judiciary is explicitly preparing for a surge in AI-generated claims across civil, family and tribunals.
  • The risk isn’t “AI” — it’s unverified AI: fabricated authorities and confidently wrong submissions waste court time and damage credibility.
  • LiPs are not “wreaking havoc” for fun. Many are doing what they must to participate in a system they cannot afford to navigate with representation.
  • The solution is guardrails, not barriers: verification standards, procedural literacy, and responsible workflows that help the court as well as the litigant.
  • Family proceedings are high-stakes. Used properly, AI can improve clarity and evidence organisation; used badly, it can derail safeguarding analysis and case management.

1. Why this matters now

“Vibe lawyers” is a catchy label, but it risks obscuring a far more serious reality: litigants in person are using AI tools to draft complaints, defences, witness statements and skeleton arguments at scale — and the courts are already feeling the impact. The phenomenon is now so visible that Sir Geoffrey Vos (Master of the Rolls, Head of Civil Justice) has explicitly warned that the judiciary must prepare for an “AI revolution” that may vastly increase the number of civil, family and tribunal claims the justice system must manage. His speech is worth reading in full. :contentReference[oaicite:0]{index=0}

Let’s be direct: the justice system in England and Wales is already stretched. Many court users already experience the process as opaque, intimidating and unaffordable. That is not a personal failing of litigants — it is a structural reality. AI is entering a pressure-cooker and magnifying what was already there: information asymmetry, procedural complexity, delay and the gulf between a represented party and an unrepresented one.

So, yes — judges and practitioners are right to be concerned about inaccurate AI-generated material clogging lists and adding burden to judges who are already firefighting. But it is also true that, in the medium term, AI could become one of the most significant access-to-justice tools we have ever seen. Both truths can exist at once.

2. The judiciary is not guessing — it is responding to lived reality

We are past the point of theoretical debate. The judiciary has been issuing speeches and guidance precisely because AI use is now operationally relevant. Beyond speeches, the Judicial Office has published updated guidance addressing risks including confidentiality, bias and “hallucinations” — where AI produces plausible but incorrect information. The October 2025 judicial guidance explicitly flags the danger of fictitious citations and misleading legal content. :contentReference[oaicite:1]{index=1}

Sir Geoffrey Vos has also repeatedly articulated a simple “core rules” approach: understand what the tool is doing, do not upload private/confidential data into public tools, and check the output before using it for any purpose. He set that out again in October 2025. :contentReference[oaicite:2]{index=2}

This is not anti-technology. It is the judiciary doing what it should do: protecting the integrity of the process while acknowledging that new tools are changing behaviour.

3. The real problem: “confidently wrong” submissions

Generative AI tools can draft impressive text quickly. But they do not “know” the law. They predict language. That difference matters profoundly in litigation. A well-written paragraph that contains an invented case, a misquoted statute or an inaccurate procedural route is not merely unhelpful — it can actively undermine a party’s credibility and force the court to spend additional time cleaning up the mess.

The legal profession has already seen what happens when verification fails. In June 2025, the Divisional Court (Dame Victoria Sharp P and Johnson J) dealt with the now widely-reported “fake authorities” problem in Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank, where false citations and inaccurate quotations were placed before the court, with suspected or admitted use of AI tools without proper checks. The judgment is publicly available and makes required reading for anyone tempted to treat AI output as “good enough”. :contentReference[oaicite:3]{index=3}

Importantly, that judgment is aimed at lawyers — because professionals are held to professional standards. But the underlying point applies to everyone: accuracy is non-negotiable in court work. You can be passionate, traumatised, exhausted, and still required to file documents that are factually and legally sound.

4. Why litigants in person are using AI (and why the “money pit” narrative is wrong)

Many litigants in person feel they are treated as an administrative inconvenience — or worse, as a “cost centre” rather than a rights-holder. I understand why that perception forms. The system can be brutal: forms, deadlines, practice directions, directions hearings, orders you must interpret and comply with under stress. In private law children proceedings, you may be trying to protect a child, manage safeguarding concerns, and preserve your own mental stability while preparing documents that lawyers train for years to produce.

For a growing number of people, AI has become the first accessible “translator” of legal language. It can explain terminology, propose a structure for a statement, generate headings for a skeleton argument, and help a person who feels overwhelmed take a first step. That is why it feels like a shake-up. It is not because LiPs are trying to harm the system. It is because they are trying to participate in it.

And here is the hard truth: if access to representation continues to shrink in practice — whether by cost, availability, or scope — more people will use AI. That is not something a press headline can reverse. It is a reality the system must incorporate.

5. Family court is the pressure point

Family proceedings are where AI misuse can become most dangerous, because the stakes are often immediate and human: the child’s living arrangements, contact, safeguarding, allegations of domestic abuse, coercive control, substance misuse, mental health, relocation, schooling — the list is endless.

Private law children cases are ultimately governed by the welfare principle in the Children Act 1989, section 1. The court’s job is not to reward the best writer. It is to determine what best meets the child’s welfare needs. But poor drafting can still distort the court’s understanding of what matters. :contentReference[oaicite:4]{index=4}

And family procedure is its own ecosystem. The Family Procedure Rules and associated Practice Directions are not optional reading; they are the architecture of how your case moves through the system. PD12J (domestic abuse and harm) is particularly critical where abuse is alleged, because it shapes fact-finding decisions, safeguarding analysis and protective measures. :contentReference[oaicite:5]{index=5}

Where AI is used badly in family court, I commonly see the same patterns (and judges see them too):

  • Misstating legal tests (e.g., confusing civil and criminal standards, or quoting the wrong threshold framework).
  • Over-inclusion: 30-page narratives where only a small percentage is evidentially relevant.
  • Inflammatory language that escalates conflict rather than centring the child.
  • Procedural fantasy: “applications” and “orders” that do not exist or are not procedurally available.
  • Fake authority: citations that sound real but are not verifiable.

Those problems do not just “waste time”. They can change outcomes. They can harden judicial perceptions. They can reduce a litigant’s credibility. And in safeguarding contexts, credibility matters.

6. But here is the opportunity: structured AI use can help the court

Now for the other side of the ledger, which the “vibe lawyer” framing often ignores.

Used properly, AI can reduce noise and increase clarity. It can help an overwhelmed litigant present their case in a way that judges can actually work with. It can support:

  • Chronology building (dates, events, orders, and key turning points).
  • Document organisation (indexes, exhibit lists, consistent naming).
  • Issue framing (what is the dispute actually about?).
  • Drafting clarity (headings, structure, neutral tone).
  • Summarising communications (WhatsApp/SMS/email) into court-usable bundles.

Those are not cosmetic benefits. They are directly aligned with what the court needs: efficient case management, focused evidence, and parties who can articulate relevant issues.

In other words: the best version of AI in litigation is not “AI replaces lawyers.” It is “AI helps people present usable material so the court can do its job.” That is the access-to-justice promise.

7. The non-negotiable: verification

The line between empowerment and chaos is verification.

Professional regulators have been clear that AI cannot be trusted to judge its own accuracy. The SRA has warned about hallucinations and the risk of plausible but incorrect outputs, including non-existent cases. :contentReference[oaicite:6]{index=6}

For court users, this translates into a simple operating standard:

  • If you cite it, you must be able to prove it exists (case name, neutral citation, and a reliable source).
  • If you quote a statute, check it on legislation.gov.uk (not in an AI chat box).
  • If you refer to rules or practice directions, check the official source (FPR/CPR/PD pages).
  • If it sounds “too perfect”, slow down — AI is very good at confidence, not always good at truth.

After the June 2025 “fake authorities” judgment, the direction of travel is obvious: courts will increasingly treat fabricated or careless citations as serious misconduct where professionals are involved, and as a significant credibility issue where litigants are involved. :contentReference[oaicite:7]{index=7}

8. A real-world cautionary tale: Mata v Avianca

Even outside the UK, courts have reacted strongly when lawyers filed AI-generated fake authorities. The widely-cited US case Mata v Avianca resulted in sanctions after fabricated case citations were submitted. It is not “UK law”, but it is a stark illustration of what happens when verification collapses. :contentReference[oaicite:8]{index=8}

Why mention it here? Because the underlying professional lesson travels: courts do not have time for invented law, and they should not have to spend scarce judicial time correcting avoidable errors.

9. What this means for litigants in person

What This Means for LiPs (Practical Guidance)

1) Use AI to organise, not to “source” law. AI is excellent for structure, headings, summaries, chronologies and drafting tone. It is unreliable as a sole source of legal authority.

2) Keep it child-focused (family cases). Remove insult, speculation and “character assassination”. Judges need facts, evidence, and impact on the child.

3) Treat every AI output as a draft. You are responsible for what you file. Read it. Edit it. Make sure it matches your evidence.

4) Verify every citation. If you cannot open the case or locate it on a reputable database, do not rely on it.

5) Don’t upload confidential material into public AI tools. Safeguarding details and private communications should be handled carefully. Follow the Judicial Office warnings on confidentiality. :contentReference[oaicite:9]{index=9}

6) Aim for shorter, clearer documents. Judges do not reward length. They reward relevance. A focused 6–10 pages often lands better than a sprawling 30.

7) If you’re stuck, get human oversight. A short consultation to sanity-check structure, compliance with directions, and relevance can prevent months of damage.

10. What this means for the justice system: guardrails, not barriers

If the system responds to AI by “closing ranks” and shaming litigants, it will fail. People will still use AI — but they will do so in worse, more chaotic ways. A better approach is to develop common standards that increase quality and reduce burden.

In practice, that means three things.

A) Judicial clarity

Courts and judiciary leadership can help by setting clear expectations about what is acceptable in written submissions — particularly around citation verification and disclosure of AI use where relevant. The Judicial Office guidance is already laying the foundation here. :contentReference[oaicite:10]{index=10}

B) Procedural literacy for court users

Most problems I see are not “bad people”. They are overwhelmed people. The system needs short, accessible, official pathways explaining (for example) what a directions hearing is, how to comply with an order, how to prepare a bundle, and how to draft a witness statement that is relevant rather than reactive.

C) Responsible support models

This is where the best “shake up” lies: hybrid support that uses AI to accelerate organisation and drafting, with human oversight to ensure compliance, accuracy, relevance and tone. That model benefits everyone: the litigant, the other party, and the court.

11. A note on professional standards (and why it still matters to LiPs)

When professionals file inaccurate material, the consequences can be severe, including regulatory referral. That was made explicit in the June 2025 judgment dealing with false citations. :contentReference[oaicite:11]{index=11}

LiPs are not held to the same professional code — but the practical consequences can still be harsh: credibility erosion, judicial impatience, adverse costs risks in some contexts, and (most importantly) a judge simply not trusting what they are reading. In family court, loss of credibility can be profoundly damaging.

This is why “AI literacy” is not an academic luxury. It is a procedural survival skill.

12. Conclusion: the future is responsible AI, not no AI

AI is in the courtroom ecosystem now. The judiciary is preparing for it. Regulators are warning about it. The profession is adapting to it. The question is not whether litigants in person will use AI — they already are.

The question is whether we will build a culture of responsible use.

Used recklessly, AI produces noise: invented authorities, misunderstood legal tests, and sprawling submissions that burden the court. Used properly, it can produce clarity: structured chronologies, coherent statements, and focused issues that help the court get to the real substance of the case.

If we care about access to justice, we cannot treat litigants in person as an administrative irritation. We should treat them as court users with rights and responsibilities — and we should equip them with tools and guardrails that allow them to participate meaningfully.

That is the “AI revolution” that matters: not chaos, but capability.


Useful Official Resources

  • Sir Geoffrey Vos (Master of the Rolls) speech: Justice for all, justice for the accused :contentReference[oaicite:12]{index=12}
  • Judicial Office: Artificial Intelligence (AI) – Judicial Guidance (Oct 2025) :contentReference[oaicite:13]{index=13}
  • Divisional Court judgment (false citations / AI misuse): Ayinde v Haringey & Al-Haroun v QNB (6 June 2025) :contentReference[oaicite:14]{index=14}
  • Law Society: Generative AI – the essentials :contentReference[oaicite:15]{index=15}
  • SRA (Risk Outlook): Use of artificial intelligence in the legal market :contentReference[oaicite:16]{index=16}
  • Family Procedure Rules: Official FPR site
  • Children Act 1989: legislation.gov.uk

If you want structured, responsible help using AI to prepare court documents (without risking accuracy or credibility), you can book a short consultation below:


Regulatory & Editorial Notice (JSH Law): This article is published for general information and public-interest commentary only. It does not constitute legal advice and should not be relied upon as such. Where this article refers to third-party sources (including court judgments, guidance, regulator publications, media reporting, or external organisations), those references are provided for context and convenience; JSH Law does not control or endorse third-party content and cannot guarantee its accuracy, completeness, or continued availability. Court users should always consult the original primary sources (including the Family Procedure Rules, Practice Directions, and judgments) and obtain appropriate professional advice for their specific circumstances.

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When Court Data Disappears: Why Transparency in Family Courts Matters More Than Ever

March 1, 2026/0 Comments/in 6. Tools Templates Research & Cases, AI & Justice Reform/by jessica susan hill

In February 2026, the Ministry of Justice ordered the removal of a major archive of court listing data, citing data protection concerns and alleged misuse involving AI. On the surface, it looked like a dispute about compliance. In reality, it raises a far more serious question: what happens when the justice system becomes less visible? For families navigating private law disputes, safeguarding allegations and prolonged delay, transparency is not a political slogan — it is the difference between understanding how the system works and feeling powerless within it.

Key points (read this first)

  • “Open justice” is not a vibe. It is a constitutional principle: the public must be able to see justice being done — in practice, not just in theory.
  • The Courtsdesk database mattered because it made magistrates’ court activity discoverable at scale — across regions, trends and time — in a way ordinary listings often do not.
  • The MoJ/HMCTS position has centred on data protection and alleged unauthorised sharing with an AI third party (including potentially sensitive identifiers). That is a serious issue — but it doesn’t automatically justify a “delete the archive” outcome.
  • There is now a live policy tension: privacy compliance vs public scrutiny. The correct answer is not to pick one. It is to design lawful access with safeguards.
  • AI changes the stakes. It can expose systemic court failures (delays, inconsistency, outcomes), but it can also amplify privacy harm if governance is weak.
  • What to watch next: licensing frameworks, official listing portals, retention/archiving rules, and whether any independent oversight is built into the “new” regime.

If you only have 60 seconds: the question isn’t “should court data exist?” — it’s “who controls access, under what rules, with what accountability?”

When Court Data Disappears: Courtsdesk, the MoJ Deletion Order, and What “Open Justice” Means in the AI Age

By Jessica Susan Hill | Legal Consultant & McKenzie Friend | JSH Law Ltd

In February 2026, a story surfaced that should make every lawyer, journalist and court-user sit up: the Ministry of Justice (via HMCTS) instructed a private platform, Courtsdesk, to delete what was widely described as the UK’s largest archive of court reporting data. The dispute was framed as a data protection breach involving AI. Critics called it a major blow to open justice.

This isn’t a niche media row. It’s a governance problem with a constitutional wrapper. Because once court information becomes searchable at scale, it becomes auditable. And once the system becomes auditable, it becomes accountable.

1) What happened — and why the link you saw may have “stopped working”

If you clicked a share link to a paywalled newspaper, you’ll often get a broken experience (or a login wall). But the underlying issue is very real: in early-to-mid February 2026, multiple sources reported that the MoJ/HMCTS instructed Courtsdesk to remove court listing/archival data from its platform. The matter was then debated in Parliament, with ministers stating that action was taken because of data protection concerns and alleged unauthorised sharing with an AI company.

In the House of Commons debate on 10 February 2026, the government position was put bluntly: HMCTS stopped sharing data and instructed the company to remove data from its digital platform because the government considered personal data had been put at risk and/or shared in breach of agreement. (Hansard: “Court Reporting Data”). Read the Commons debate (Hansard).

The House of Lords revisited similar themes on 11 February 2026, referencing alleged sharing of “private, personal and legally sensitive information” with a third-party AI company, including potentially addresses and dates of birth of defendants and victims. Read the Lords debate (Hansard).

Meanwhile, journalist bodies and open justice advocates argued that the deletion demand would reduce practical visibility of magistrates’ courts — the engine room of criminal justice — and undermine reporting capacity nationwide. NUJ response (11 Feb 2026).

Subsequent coverage indicated that the government later paused the deletion/purge approach and explored alternative licensing or arrangements, following significant public pressure and campaigning (including within national media). One example: The Times: MoJ halts purge of court archive (published Feb 2026). (Paywalled, but relevant for context and sequence.)

2) What is Courtsdesk — and why journalists cared

Courtsdesk is typically described as a platform that made it easier for journalists to discover and track magistrates’ court hearings — and to keep a searchable archive of what had been listed. The word “archive” matters. Without it, reporting becomes a daily scramble: you can see “today’s” list (sometimes), but you cannot easily analyse what happened across a month, a year, or a decade, and you cannot robustly check what patterns repeat across courts.

That changes the reporting model. Instead of “we got a tip and attended a hearing”, journalists can ask structured questions like:

  • Which courts are repeatedly listing the same offence type and outcome?
  • Are there geographical disparities in sentencing outcomes (controlling for offence and prior record)?
  • Is a particular safeguarding issue rising (domestic abuse, coercive control, breaches, stalking)?
  • Are certain hearings routinely not listed, listed late, or listed inaccurately?
  • Are “open” hearings being effectively closed by practical invisibility?

In short: a discoverable, searchable dataset turns open justice into something measurable. That is precisely why both open justice advocates and public interest reporters reacted so strongly.

For a short overview of the controversy as reported at the time: Legal Cheek (11 Feb 2026). For a more analytical legal-media perspective: Wiggin LLP commentary (16 Feb 2026).

3) The MoJ/HMCTS case: “data protection” and alleged sharing with AI

The government’s public position, as reflected in parliamentary statements, has been that data protection responsibilities were engaged. The allegation was not merely that the data existed, but that data was used or shared in a way that was not authorised by the relevant agreement — and that the information at issue could include sensitive personal identifiers.

In the Commons debate, MPs referenced the passing of information to an AI company, including addresses and dates of birth. You can read the relevant passages directly in Hansard: Court Reporting Data (Commons, 10 Feb 2026). The Lords debate similarly framed the core concern as sharing private/personal legally sensitive information with a third-party AI company: Court Reporting Data (Lords, 11 Feb 2026).

Let’s be clear: if victim or defendant identifiers were exposed or processed without a lawful basis, proper security, or appropriate contractual control, that is not a minor technicality. UK GDPR compliance is not optional — particularly where data could create direct risk (victim location, stalking risk, retaliation, intimidation, vigilante harm).

But there is a second question — and this is where policy and constitutional principles collide: even if a breach occurred, does the proportionate remedy have to be “delete the archive”? Or is the correct remedy:

  • Stop the unauthorised processing,
  • Investigate,
  • Implement governance, redaction, licensing and audit controls,
  • And preserve the public-interest value of the dataset?

In other regulated sectors, “burn the library” is rarely considered an intelligent response to a governance failure. You fix governance. You don’t erase institutional memory.

4) What “open justice” actually requires (and what it doesn’t)

“Open justice” is often described as a constitutional principle in common law: justice must be administered in public, with reporting permitted, because scrutiny is a safeguard against arbitrariness and abuse. It supports legitimacy and public confidence.

But open justice is not absolute. Courts can restrict reporting, anonymise parties, hold parts of hearings in private, or impose reporting restrictions where necessary and proportionate — especially to protect children, victims, national security, or the integrity of proceedings.

Here’s the practical point: open justice collapses when information is technically “available” but realistically undiscoverable. If court lists are incomplete, delayed, inaccurate, scattered, or accessible only through relationships and workarounds, then public scrutiny becomes selective and fragile.

A searchable archive changes the baseline. It doesn’t guarantee perfect scrutiny, but it makes scrutiny possible at scale.

The NUJ response captures the concern in direct terms: the state must take data protection seriously, but journalists are worried about the effect on their ability to do their job. NUJ: deletion order response.

5) The real issue: discoverability, not secrecy

Most people misunderstand how court reporting works. They think journalists can simply “look up” what is happening in court.

In practice, magistrates’ courts are high-volume. Hearings move. Lists change. Data may be published late, inconsistently, or in formats that are difficult to search. Court staff are under pressure. Press offices (where they exist) are stretched. The result is that what is formally “public” can become practically opaque.

So when people say “this undermines open justice,” they may not mean “the government is hiding a single case.” They mean: remove the infrastructure of discoverability and you reduce systemic scrutiny.

The wider concern is that once the system is not audited at scale, dysfunctional patterns persist:

  • Overlisting and adjournment churn;
  • Chronic delay;
  • Inconsistent listing practices;
  • Variable use of reporting restrictions;
  • Localised cultures that drift without challenge.

This is where AI becomes relevant — not as hype, but as a tool. AI is exceptionally good at extracting patterns from messy, fragmented data. And patterns are exactly what the justice system needs to be forced to confront.

6) AI: the uncomfortable accelerator of accountability

Here is the uncomfortable truth: AI makes “open justice” more powerful, because it can transform raw listings and outcomes into insight:

  • Where are outcomes diverging without explanation?
  • Which courts are systematically underperforming on timeliness?
  • Which offence types are rising or falling?
  • Do bail decisions correlate with geography in ways that look unjustified?
  • Are certain safeguarding concerns being deprioritised?

For the public, this can mean better scrutiny and informed reform. For institutions, it can feel like a loss of narrative control.

But AI also increases privacy risk. Aggregation is a form of power: data that is safe in one context can become dangerous in another when combined, enriched, or made searchable. That is why governance matters.

The question is not “AI or no AI.” It is: who is allowed to process court data with AI, under what licence, with what redaction, with what audit trail, and with what sanctions for misuse?

7) Data protection and open justice can coexist — if you design for both

If there was an unauthorised transfer of personal data to a third-party AI provider, that needs to be addressed. Strongly. But the correct fix is not necessarily deletion. The correct fix is a governance framework that takes seriously both:

  1. Lawful processing and security (UK GDPR; DPA 2018; contractual controls; access logs; DPIAs); and
  2. Open justice functions (discoverability; auditability; press access; public interest research).

A mature framework would include:

(A) Role-based access

Not everyone needs the same level of detail. A press-accredited journalist may need more than the general public. An academic researcher may need a structured dataset but not identifiers. A safety model is tiered access with clear rules.

(B) Default minimisation and redaction

Listings can be published in a way that is still meaningful but reduces harm: names may be necessary for open justice in many cases, but addresses and dates of birth generally aren’t. A “privacy by design” listing format is possible.

(C) Contractual control over processors

If AI tools are used, the relationship between controller and processor must be contractually controlled, audited, and limited. “Testing” is still processing. “Internal development” is still processing.

(D) Audit logs and sanctions

If a platform is given access to sensitive data, there must be a reliable audit trail and enforceable consequences for misuse.

This is the kind of approach the state should model. It’s what we demand of the private sector. The justice system should not be a governance laggard.

8) “Just use official channels” is not a sufficient answer

One argument raised in public discussion is that journalists can still access listings through official HMCTS channels, so the deletion of a private archive is not fatal.

Here’s the hard reality: official availability does not necessarily equal practical usability. The difference between:

  • a fragmented set of daily lists, and
  • a searchable, longitudinal archive

is the difference between “seeing a hearing” and “auditing a system”.

It’s the audit function that scares people — and it’s the audit function that reform needs.

For contemporaneous legal-sector analysis and a timeline-style overview, see: Wiggin LLP commentary.

9) The proportionality question: why “delete it” feels extreme

When government acts, it must act proportionately — especially when its actions collide with constitutional principles.

If the problem was a specific breach, a proportionate response normally looks like:

  • Stop the unlawful processing immediately;
  • Preserve evidence;
  • Investigate scope and impact;
  • Notify where legally required;
  • Fix governance;
  • Implement redaction and access controls;
  • Resume service under a compliant licence.

Deleting a historic archive can be justified in certain cases — for example, if the archive itself is irredeemably unsafe and cannot be lawfully held. But that is a high threshold. And if that threshold is met, the next question is: why was the data shared in that form in the first place, and why was it not already governed appropriately?

Open justice is a public asset. When you destroy an archive that underpins scrutiny, you don’t merely “solve” a compliance problem — you erase a public accountability mechanism.

10) What this means for litigants, victims and the public

This is not only about journalists. It touches:

Victims and vulnerable witnesses

Privacy matters. Safety matters. If addresses/DoBs are handled recklessly, it can cause real-world harm. A governance regime must centre safeguarding and risk. The state is right to be strict about that.

Defendants

Defendants have rights too. Public identification can be lawful and appropriate in open court, but bulk data aggregation can create long-tail harm (employment, housing, vigilantism), particularly where cases end in acquittal or discontinuance. This is why minimisation and careful retention rules matter.

The public

The public interest in open justice is not abstract. It includes the ability to scrutinise how domestic abuse is treated, how repeat offenders are sentenced, how grooming cases are prosecuted, and whether systemic failures are being ignored.

The debate is often framed as “privacy vs transparency.” A better framing is: “privacy and transparency with engineering-grade governance.”

11) A practical blueprint for a lawful court data ecosystem

If we want open justice that survives the AI era, we need to stop improvising and start designing. Here is a blueprint that would satisfy most of the legitimate concerns on all sides:

  1. Define a canonical “public listing dataset” with minimised fields (no addresses; no full DoB; protect victims by default where appropriate).
  2. Publish in a consistent, machine-readable format so that “discoverability” is not dependent on private scraping or informal relationships.
  3. Implement a press and research licence with tiered access, clear contractual controls, audit logs, and enforcement.
  4. Create a secure research environment (think “data safe haven”) where higher-sensitivity data can be used for public-interest research under supervision.
  5. Mandate DPIAs for any new processing at scale, including any AI model training or automated analytics.
  6. Independent oversight: an external advisory panel including press, victims’ advocates, privacy experts and court users.

If you work in legal ops, you’ll recognise this: it is the same control architecture we use for health data, financial data, and regulated client data. The justice system deserves no less.

12) What you can do if you care about this

  • Read the parliamentary record and compare the stated rationale with the real-world impact: Commons Hansard (10 Feb 2026) and Lords Hansard (11 Feb 2026).
  • Track journalist-body positions (NUJ is a good start): NUJ statement.
  • Ask the right question of policymakers: “What is the new lawful access model — and who is responsible for ensuring discoverability in practice?”
  • Watch for licensing/market engagement notices and consultation opportunities. (Legal commentary sites often summarise these quickly.)
  • If you are a court user or practitioner, keep records. Transparency is partly built from bottom-up documentation — hearing notices, listings, orders, reasons, and procedural history.

Because here is the punchline: if the system cannot be seen, it cannot be improved. And if it cannot be improved, it cannot be trusted.

Sources and further reading

  • UK Parliament (Hansard) — Commons debate, 10 Feb 2026: Court Reporting Data
  • UK Parliament (Hansard) — Lords debate, 11 Feb 2026: Court Reporting Data
  • National Union of Journalists (NUJ), 11 Feb 2026: NUJ responds to deletion order
  • Wiggin LLP commentary, 16 Feb 2026: Open Justice: MoJ closes court reporting archive
  • Legal Cheek, 11 Feb 2026: MoJ orders deletion of court reporting database
  • The Times (paywalled), Feb 2026: MoJ halts purge of court archive

Regulatory & Editorial Notice (JSH Law Ltd)

This article is published for general information and public-interest commentary only. It does not constitute legal advice and should not be relied upon as such. JSH Law Ltd is not a firm of solicitors and does not provide regulated legal services. If you require legal advice, you should consult a suitably qualified and regulated legal professional.

Where this article refers to third-party reporting, parliamentary materials, organisations, or public cases, it does so for journalistic, educational, and research purposes. External links are provided for reader convenience; JSH Law Ltd is not responsible for the content of external sites.

© JSH Law Ltd | Company No. 16870438 | Manchester (UK) & Kansas (USA)

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The Use of AI in Preparing Court Documents: Why the Civil Justice Council Consultation Matters

February 18, 2026/0 Comments/in 2. Family Court Procedure, 6. Tools Templates Research & Cases, AI & Legal Process, Procedural Updates/by jessica susan hill

The Civil Justice Council has launched an eight-week consultation examining whether new rules are needed to regulate the use of artificial intelligence in preparing court documents. Chaired by Lord Justice Birss, the Working Group is considering whether safeguards or formal declarations should apply when legal representatives use AI to draft pleadings, witness statements and expert reports. The consultation recognises both the efficiency benefits of AI and the risks of hallucinated case citations, fabricated authorities and evidential integrity concerns. Particular focus is placed on witness statements and expert evidence, where authenticity is central to the administration of justice. The consultation closes on 14 April 2026. This article explains what is being proposed, why it matters for litigants in person and legal professionals, and how responsible AI use can strengthen — rather than undermine — credibility in court proceedings. PDF here.

The Use of AI in Preparing Court Documents: Why the Civil Justice Council Consultation Matters

Category: AI & Law / Procedural Updates  |  Audience: Litigants in Person & Legal Professionals (England & Wales)

Key takeaways for litigants in person

  • The Civil Justice Council (CJC) is consulting on whether rules should govern the use of AI in preparing court documents.
  • The consultation closes on 14 April 2026.
  • Proposals include possible declarations where AI has been used to generate substantive content.
  • Administrative uses (spell-check, transcription, formatting) are unlikely to require disclosure.
  • Witness statements and expert reports are likely to face stricter safeguards.

What Is This Consultation About?

The Civil Justice Council (CJC) has published an Interim Report and opened an eight-week consultation examining whether procedural rules are needed to regulate the use of artificial intelligence in preparing court documents.

The Working Group is chaired by Lord Justice Birss and includes members of the judiciary, the Bar Council, the Law Society and academic representatives.

The core question is simple but significant:

Should formal rules govern how legal representatives use AI when preparing pleadings, witness statements, skeleton arguments and expert reports?

The consultation paper explains that AI has enormous potential benefits — but also significant risks, particularly around hallucinated case citations, fabricated material and evidential integrity.

Why This Matters

AI is already being used across the legal sector for:

  • Legal research
  • Drafting pleadings
  • Preparing skeleton arguments
  • Summarising disclosure
  • Drafting witness statements
  • Generating expert reports

The consultation recognises that while AI improves efficiency and access to justice, it also introduces risks including:

  • Hallucinated case citations
  • Invented legal authorities
  • Embedded bias in generated content
  • Deepfake or manipulated evidence
  • Hidden metadata (“white text”) manipulation

The administration of justice depends on reliability. If courts cannot trust documents filed before them, confidence in the system erodes.

What the Working Group Proposes

The consultation distinguishes between:

  • Administrative uses (spell-check, formatting, transcription, accessibility tools)
  • Substantive generative uses (AI drafting legal argument, evidence, or expert analysis)

The Working Group’s emerging position suggests:

  • No additional rule required for statements of case or skeleton arguments, provided a legal professional takes responsibility.
  • Stricter controls for witness statements, particularly trial statements.
  • Possible declarations confirming AI has not generated witness evidence.
  • Amendments to expert report statements of truth to require disclosure of AI use.

Witness Statements: The Most Sensitive Area

The report strongly indicates that generative AI should not be used to create or alter substantive witness evidence.

The concern is straightforward:

  • Witness statements must be in the witness’s own words.
  • AI “improving” phrasing may alter tone, emphasis or meaning.
  • Courts rely heavily on authenticity.

The Working Group proposes a declaration that AI has not been used to generate, embellish or rephrase evidence in trial witness statements.

That is significant. It signals that evidential integrity is where regulation will likely concentrate.

Expert Reports: Transparency Rather Than Prohibition

Unlike witness statements, expert reports may legitimately use AI tools for:

  • Data analysis
  • Document extraction
  • Technical modelling

However, the consultation proposes that experts should disclose and explain any AI use beyond administrative functions.

The aim is transparency — not prohibition.

What About Litigants in Person?

Notably, this consultation does not focus on regulating litigants in person.

The paper recognises that many unrepresented parties may rely on AI as their only accessible form of legal assistance.

That presents a policy tension:

  • AI can improve access to justice.
  • But AI can generate inaccuracies.
  • Litigants may lack the expertise to verify output.

Any regulation must therefore balance fairness with accessibility.

Should There Be Mandatory AI Declarations?

International approaches vary. Some US courts require certification of AI use. Others do not.

The Working Group is cautious. It recognises that:

  • AI is rapidly integrating into legal software.
  • It may soon be impossible to distinguish “AI use”.
  • Over-regulation may increase delay and satellite litigation.

The likely direction appears to be:

  • No blanket declaration for routine drafting.
  • Targeted safeguards for evidence.
  • Clear professional responsibility.

Why This Consultation Is Forward-Looking

AI is not going away. The question is not whether it will be used — but how responsibly.

The consultation reflects a mature approach:

  • Encourage innovation.
  • Protect evidential integrity.
  • Preserve public confidence.
  • Avoid stifling access to justice.

That balance is critical.

How to Respond to the Consultation

The consultation closes on 14 April 2026.

Responses can be submitted by completing the consultation cover sheet and sending it to:

CJC.AI.consultation@judiciary.uk

Questions about the process can be directed to:

CJC@judiciary.uk

Responses may be submitted in Word or PDF format.

What This Means Practically

If you are preparing court documents using AI:

  • Verify all case citations manually.
  • Check statutory references independently.
  • Do not use AI to generate witness evidence.
  • Retain responsibility for every word filed.

AI is a tool. It is not a shield.

A Realistic Perspective

Used responsibly, AI enhances efficiency. Used carelessly, it damages credibility.

The Civil Justice Council is not proposing a ban. It is seeking proportionate governance.

That distinction matters.


Book a 15-minute consultation (phone)

If you are navigating litigation and considering using AI tools, or if you are concerned about AI-generated material in your case, you can book a 15-minute consultation below:

Technology should strengthen your case — not undermine it.


Regulatory & Editorial Notice

This article provides general commentary only and does not constitute legal advice. JSH Law provides litigation support services to litigants in person and does not conduct reserved legal activities. References to consultation materials are for informational purposes only.

You can download the pdf here : Interim-Report-and-Consultation-Use-of-AI-for-Preparing-Court-Documents-2.pdf

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Authorities Used

– Family Procedure Rules 2010, SI 2010/2955 (U.K.), rr. 1.1, 1.3, pts. 3, 6, 17, 22, 25, 9.
– Practice Direction 3A (MIAM).
– Practice Direction 12B (Child Arrangements Programme).
– Practice Direction 12J (Domestic Abuse and Harm).
– Practice Direction 22A (Evidence).
– Practice Direction 27A (Court Bundles).
– Children Act 1989, c. 41 (U.K.)

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  • How Evidence Is Weighed in Family Court
  • Safeguarding Allegations and Risk Assessment
  • Preparing a Chronology the Court Can Follow

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If you are representing yourself in family court, the following independent and authoritative resources may assist you in understanding procedure, safeguarding processes, and available support.

  • – GOV.UK – Family Court Guidance 
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