Case Law

Irish High Court Tips its Hat to Predictive Coding

Court of International Trade

Irish Bank Resolution Corporation Ltd & Ors -v- Quinn & Ors, [2015] IEHC 175 In this landmark case in Ireland, the plaintiff moved the court to allow the parties to use TAR and predictive coding to review approximately 680,000 documents that the plaintiff calculated would take 10 months and a cost of €2,000,000 to go through manually. The defendants objected, claiming that predictive coding does not comply with the court’s discovery rules and that it will not capture all of the relevant documents. The High Court’s Justice Fullam found that while that there are no rules requiring the use of TAR, there are also none compelling manual review. Referencing Judge Peck’s Da Silva Moore opinion that allowed the use of TAR in U.S. proceedings, the court acknowledged that predictive coding is becoming an accepted method of conducting discovery involving a large number of documents. Additionally, Justice Fullam held that “in discovery of large data sets, technology assisted review using predictive coding is at least as accurate as, and, probably more accurate than, the manual or linear method in identifying relevant documents.” To balance this efficiency with accuracy, the court emphasized that as TAR “combines man and machine”, the process must contain appropriate checks and balances which render each stage capable of independent verification. The court also stressed that cooperation between the parties is essential to ensure transparency and fairness in the discovery process.

Keywords: TAR, cost-effective, discovery, proportionality