Magazine article Information Management

UK Court Approves Technology-Assisted Review

Magazine article Information Management

UK Court Approves Technology-Assisted Review

Article excerpt

In 2012, the Da Silva Moore v. Publicis Group ruling allowed for technology-assisted review (TAR) and changed the face of discovery in the United States by not requiring litigants to look at every single document. Three years later, a judge in Ireland ruled in favor of predictive coding in Irish Bank Resolution Corporation Limited & Ors v. Sean Quinn & Ors.

Now, the world's second-largest discovery market - the UK - has taken a seat at the TAR table. In the case Pyrrho Investments and MWB Business Exchange v. MWB Property and others, Master Matthews of English High Court allowed the parties to use predictive coding, marking TAR's first use in UK courts.

In his precedent-setting decision, Matthews cited 10 factors that led him to favor approving predictive coding in the case, including:

* "[t]here is no evidence to show that the use of predictive coding software leads to less accurate evidence than, say, manual review alone"

* "there will be greater consistency in using the computer to apply the approach of a senior lawyer towards the initial sample (as refined) to the whole document set, than in using dozens, perhaps hundreds, of lower-grade fee earners. …

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