Berwin Leighton Paisner has won the first contested application to use predictive coding as part of a substantial document review exercise.
In February, Master Matthews provided the first reported English High Court decision approving the use of predictive coding technology for electronic disclosure, at the request of both parties, in Pyrrho Investments Ltd v MWB Property Ltd & Ors [2016] EWHC 256 (Ch). This marked a long anticipated judicial affirmation for use of this disruptive technology in the UK legal market (by contrast with the US, where the technology has been in active use for some time).
However, as Master Matthews noted, “whether it would be right for approval to be given in other cases will, of course, depend upon the particular circumstances obtaining in them”; and one of the key considerations in the Pyrrho case was the consensus of the parties regarding its proportionality, efficacy, and suitability. On 17 May 2016 the High Court ordered, for the first time, the use of predictive coding in the face of disagreement between the parties as to its suitability.
You can read BLP’s full summary of the case here.