Disclosure - September 2016

Chancery Division of the High Court approves the use of "predictive coding" in an e-disclosure exercise for the first time

Pyrrho Investments Ltd v MWB Property (2016)

This is a landmark decision of the High Court, approving the use of predictive coding for the first time. "Predictive coding" (also known as technology, or computer, assisted review), is a method whereby software analyses documents and "scores" them for relevance, and thereby reduces both the time and costs needed to complete an electronic disclosure exercise. Typically, the parties agree a protocol and a representative sample of potentially relevant documents is then obtained.

In this case, the parties had agreed the use of predictive coding and sought approval for this from the court. Other than a fleeting reference to predictive coding in one earlier case, there has been no other consideration of this issue by the English courts. However, other jurisdictions (such as the US and Ireland) have