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DISCLOSURE: A binary breakthrough

05 October 2016  

David Sawtell looks at how technology might help with e-disclosure

The proliferation of electronic documents has increased the workload and cost associated with disclosure. The use of technology to assist with e-disclosure through computer-assisted review has promised much to ease the burden. Until recently, however, there has been very little guidance on its use to conduct a review of potential documents for disclosure. Two decisions this year in the High Court have provided a much-needed steer about the system called predictive coding. Practitioners should be aware, however, that the court will continue to require the assistance of litigators and software companies to deal with, and adjudicate upon, the fine-grained detail of computer-assisted review.

Additional Info

  • Case(s) Referenced:

    Brown v BCA Trading Ltd [2016] EWHC 1464 (Ch)

    Da Silva Moore v Publicis Groupe (2012) 11 Civ 1279 (ALC) (AJP)

    Goodale & ors v The Ministry of Justice & ors [2009] EWHC 3834 (QB)

    Irish Bank Resolution Corporation Ltd & ors v Quinn & ors [2015] IEHC 175

    Pyrrho Investments Ltd v MWB Property Ltd & ors [2016] EWHC 256 (Ch)

    Rawlinson & Hunter Trustees SA & ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129