Case Law

UK Court Approves Predictive Coding for First Time

Court of International Trade

Pyrrho Investments Ltd. V. MWB property Ltd. [2016] EWHC 256 (Ch) In this breach of fiduciary duty case in the United Kingdom, the parties’ edisclosure—the UK version of ediscovery—was vast, with one backup tape totaling more than 17 million documents. After significant discussion of the edisclosure rules in the UK, the court approved the use of predictive coding for the first time, relying in part on Judge Peck’s decision in Da Silva Moore, the first case to approve of predictive coding in the United States. The court acknowledged the agreement of the parties to utilize predictive coding in this case, and laid out the factors that weighed in favor of predictive coding, stating that “there were no factors of any weight pointing in the opposite direction.” Some of the factors the court considered included the cost savings, both in time and money, that predictive coding would save, the value of using predictive coding was “proportionate” to the value of the case, nothing in the Civil Procedure Rules (CPR) prohibits its use, and that the use of predictive coding would lead to “greater consistency” by applying the approach of a senior lawyer to the initial sample rather than using many individual document reviewers on the individual documents.

Keywords: Predictive coding