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ARTICLE · 22 AUGUST 2016

Acceptance of predictive coding in the UK continues to grow

KordaMentha
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Predictive coding is a legitimate alternative and often preferable to traditional keyword searching and linear review.

United KingdomLitigation, Mediation & Arbitration
KordaMentha Forensic
KordaMentha Forensic
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There has been further judicial recognition of predictive coding in the UK in BCA Trading (UK PC Order) [2016] EWHC 1464 (CH).

In May the England and Wales High Court Chancery Division (EWHC) approved the use of predictive coding as part of the e-discovery protocol, against the wishes of one of the parties.

In doing so the EWHC has re-iterated and re-enforced the decision in Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (CH), in which the Court identified ten factors which favoured the use of predictive coding. For further detail see our Forensic Matters publication.

The Pyrrho case had a large corpus of over 3 million documents, whereas the BCA Trading case had significantly less: around 500,000 documents.

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