Legal practice has benefited from the advancement of technology. Digital tools focusing on eDiscovery, litigation analytics, document automation and legal research have brought efficiency, better case management and more effective preparation.
However, as the High Court’s decision in the recent case of Business Enterprise v Oneta Limited [2026] EWHC 543 (Ch) makes clear, enhanced technology can present new ethical challenges.
What happened in the case?
During the cross examination of the second claimant in the case, various parties in court could hear electronic interference coming from around the witness box. The witness was found to be wearing smart glasses. Once the glasses were removed, a voice began broadcasting from his mobile phone.
The witness denied that he was using smart glasses to receive answers and that his smart glasses were linked to his mobile phone.
However, the judge was not convinced, indicating that the witness was being coached through his smart glasses. He rejected the witness’ evidence in its entirety and gave no weight to it, describing him as “untruthful”.
Witness preparation: What technology is permitted by the courts
Courts recognise that witness preparation is an essential part of litigation. Legal representatives may use technology:
- To explain the process and technique of giving evidence
Witness familiarisation training prepares individuals to give oral evidence in court, tribunals, or arbitrations by explaining court procedures, roles, and cross-examination techniques. It reduces anxiety and improves performance, focusing on the process rather than coaching on the content of their evidence. - For organisational purposes
Digital bundles and case management tools are routine and permissible by the court. - To provide translation or interpretation services
In Business Enterprise v Oneta Limited, the claimant gave evidence through an interpreter. This is a permitted and ethically sound use of technology.
Witness preparation: What technology is prohibited by the courts
Using any device (smart glasses, earpieces, messaging apps or AI tools) to covertly suggest or influence witness evidence is unequivocally prohibited by the courts.
The key issue in Business Enterprise v Oneta Limited was not the existence of smart technology but the fact that it was specifically used to coach a witness during live cross-examination.
This directly undermined the court’s primary purpose to uphold the rule of law and administer justice fairly.
Conclusion: A Cautionary Tale
Business Enterprise v Oneta Limited presents a clear-cut example of the ethical boundaries surrounding technology and witness evidence.
Permitted preparation involves ensuring the witness understands the process and can give their best evidence but without influencing the substance of that evidence and compromising judicial integrity.
Technology can support efficient, effective, and fair witness preparation. For example, Bond Solon REACT – purpose-built technology to enhance witness familiarisation training.
The overriding principle is that witness evidence must be the witness’s own. Any attempt to coach, influence or manipulate testimony, whether through smart glasses, smartphones, or emerging AI tools, will not only be prohibited but can undermine a party’s entire case.
The Civil Justice Committee has set up a working group examining the use of AI by legal representatives for preparing court documents. The final report will seek to address the question of whether rules are needed to govern the use of AI by legal representatives for the preparation of court documents, including pleadings, witness statements and expert reports.
How we can help
REACT is Bond Solon’s new emotion-AI tool that has been purpose-built for witness preparation. By identifying behavioural risk factors in minutes, it personalises witness familiarisation training with objective and data-driven insight. It also assists witnesses in giving coherent, helpful and honest evidence by ensuring emotion does not get in the way.
For more information about REACT or to book a live demonstration, please contact a member of our team at info@bondsolon.com or 020 7549 2549.