The Use Of Technology In Disclosure

The use of technology in disclosure

The disclosure of documents is an integral part of litigation in England and Wales and is governed in the practical sense by Practice Direction 31B with which parties must comply when conducting litigation. Whilst Practice Direction 31B makes provision for the extent of the search for electronic documents, it fails to specify the method for that search. As a result, litigating parties tend to be reluctant to fully commit to the use of predictive coding technology to assist with the review of electronic documents, instead preferring the traditional approach of linear review.¹

Change may, however, be in the air following the decision of the High Court in Pyrrho Investments Limited and another v MWB Property Limited and others [2016] EWHC 256 (Ch) in February 2016. Master Matthews broke new ground in Pyrrho Investments by not only considering for the first time the method of search for electronic documents, but also endorsing