Aipedia: Structural and civil engineers

AI in engineering expert witness reports

Aipedia, by the Apex broking team · Last reviewed 2026-10-27

Engineering experts can use AI for administrative tasks, but the opinions in an expert report must be the expert's own and every source must be checked. The courts have shown in 2025 that they will act on fictitious AI-generated material.

Part of: AI in structural and civil engineering

In short

An engineering expert's overriding duty is to help the court on matters within their expertise, and that duty overrides obligations to the client who pays them (CPR 35.3). In June 2025 the Divisional Court, in Ayinde and Al-Haroun [2025] EWHC 1383 (Admin), dealt with fictitious citations generated by AI and said AI research must be checked against authoritative sources. The Civil Justice Council has consulted on requiring experts to disclose AI use beyond transcription or administration. An expert who relies on unchecked AI risks criticism, costs consequences and claims, and PI cover depends on the wording.

How engineering experts use AI

Engineers acting as expert witnesses in construction, engineering and professional negligence disputes are using AI to search and summarise large document sets, build chronologies, transcribe site meeting recordings, draft sections of reports, and check consistency between the report and the evidence. Some ask AI tools to suggest technical literature or standards that support a view.

Document handling tasks are the most defensible. Drafting opinion and locating authorities are the riskiest, because the court relies on the expert's own independent judgement and on sources being real and accurately stated.

The duties that apply

CPR 35.3: "It is the duty of experts to help the court on matters within their expertise", and "This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid." CPR Part 35.
Ayinde and Al-Haroun [2025] EWHC 1383 (Admin): the Divisional Court (6 June 2025) dealt with fictitious authorities in court documents, said AI research must be checked against authoritative sources, including when relying on others' work, and referred lawyers to their regulators. Read the judgment.
Civil Justice Council: its consultation on AI in court documents (closed 14 April 2026) proposed that experts disclose AI use beyond transcription or administration. The final report is expected later in 2026. CJC work on AI.
Professional duties: IStructE Code of Conduct Article 5 (only tasks you are competent for) and Article 6 (skill and judgement), and Principle 4 of the Statement of Ethical Principles on explaining uncertainties and limits of evidence.

What can go wrong

Although Ayinde concerned lawyers, the same risks apply to experts. An AI tool may invent a technical paper, misquote a design code or misstate the content of a disclosed document. It may produce a confident opinion that drifts away from what the expert actually believes, or adopt the tone of an advocate rather than an independent expert. Uploading disclosed documents to a public AI tool may also breach confidentiality obligations in the proceedings.

Illustrative scenario: a structural engineering expert uses an AI tool to draft the literature section of a report on a cladding support failure. Two cited papers do not exist and a code clause is misquoted. The opposing expert spots the errors in the joint statement process. The court gives the report reduced weight, the instructing party loses a key issue and later complains that the expert's work fell below a reasonable standard.

How PI usually responds

Expert witness work is usually treated as professional business, but not every engineering PI policy describes it that way, so it should be declared. Where the instructing party alleges the expert was negligent, PI may respond subject to the wording. Costs orders and court sanctions may sit outside cover. Disputes in this area often start under the Pre-Action Protocol for Construction and Engineering Disputes, and our guide to making a PI claim as an engineer explains notification.

Practical controls

Limit AI to document handling and transcription unless you can verify every output.
Check every cited paper, standard and clause against the original source.
Write opinions yourself, in your own words, and make sure they reflect your genuine view.
Keep disclosed documents out of public AI tools; follow any confidentiality orders.
Be ready to disclose AI use, in line with the CJC proposals.
Confirm that your PI describes expert witness work as part of your professional business.

How Apex helps

Apex arranges PI for engineers who act as expert witnesses. A broker reviews whether your policy covers expert work and how it treats AI-assisted reports.

Sources

Frequently asked

Can an engineering expert use AI to write their report?

An expert can use AI for administrative tasks, but the opinions must be the expert's own and every source must be verified. CPR 35.3 places the duty to help the court on the expert personally, and that cannot be delegated to a tool.

Do experts have to disclose AI use to the court?

There is no settled rule yet. The Civil Justice Council consulted on requiring experts to disclose AI use beyond transcription or administration, with a final report expected later in 2026. Being open about AI use is the safer course.

Does the Ayinde judgment apply to expert witnesses?

The judgment concerned lawyers, but its message that AI-generated material must be checked against authoritative sources applies to anyone putting material before the court. An expert who cites fictitious sources can expect the court to scrutinise their evidence closely.

Is expert witness work covered by engineers' PI?

Often, but not always. Check that your policy's description of professional business includes expert witness work. Court costs orders and sanctions may fall outside cover, so discuss your expert practice with your broker.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.