The survey addresses several unresolved tensions. How parties should cooperate on AI parameters remains unclear, as does the appropriate level of human oversight and transparency when deploying generative AI in disclosure. While anecdotal evidence suggests current cooperation between parties, disputes over AI implementation parameters have surfaced. The judiciary has not yet published detailed findings or proposed rule amendments.
Attorneys managing disclosure should anticipate imminent guidance. A recent Upper Tribunal ruling ([2026] UKUT 81 (IAC)) already found that uploading documents to public AI systems constitutes privilege waiver—signaling that courts will police AI use in disclosure without waiting for formal rules. As the working group's feedback shapes reforms, practitioners should expect updated directives on generative AI use, human oversight requirements, and confidentiality safeguards. The timing is critical: firms deploying AI in disclosure now operate in a regulatory gap that courts are actively closing.