AI and UK Legal Disclosure
Artificial Intelligence (AI) is rapidly reshaping the legal profession, and disclosure processes – both civil and criminal – are at the forefront of this transformation. In a recent op-ed for Node Magazine, Partner Nabeel Osman explores how AI tools are being used to streamline case preparation and manage increasingly complex document reviews, while underscoring the legal and ethical obligations that must remain paramount.
In criminal proceedings, the pressure on resources has led to growing interest in AI-enabled tools that can support more efficient evidence disclosure. A government-commissioned review led by Jonathan Fisher KC recommends carefully integrated AI frameworks to help manage the sheer volume of material, as seen in trials by the Serious Fraud Office (SFO), where AI-enhanced Technology Assisted Review (TAR) is being applied in live cases. However, the review and Nabeel both emphasise that such tools must not replace human accountability. Prosecutors ultimately remain responsible for the integrity of disclosure decisions.
In civil litigation, AI adoption is further advanced, particularly through predictive coding techniques that support proportional and efficient disclosure. The Civil Procedure Rules (specifically Practice Direction 31B) recognise this potential, but also require transparency, proportionality, and safeguards. Judges have also issued recent guidance on responsible AI use in court processes, advising legal practitioners to remain up to date on judicial expectations.
In his piece, Nabeel outlines four key practices for firms using AI in disclosure:
- Ensure ongoing human oversight
- Prioritise transparency through audit trails
- Stay informed on legal developments
- Invest in training to support responsible adoption
To read the full article in Node Magazine, click here: https://www.node-magazine.com/thoughtleadership/ai-and-uk-legal-disclosure
