While technology-assisted review has yet to be fully utilized in the U.S., its use is widely recognized by the courts, whose acceptance traces back to Judge Peck’s 2012 ruling in n Da Silva Moore v. Publicis Group. This isn’t the case in the UK, where the English High Court first recognized TAR this past February in Pyrrho Investments and MWB Business Exchange v. MWB Property and others, in which Master Paul Matthews allowed parties to proceed with using predicting coding in the case.

This week marked the UK’s first decision on contested use of predictive coding, the dispute in which arose over a litigation disclosure exercise. Here, Berwin Leighton Paisner (BLP) secured the ability of its client to employ predictive coding for document review in a dispute for client BCA Trading. This is the first time where an order to use predictive coding was granted by the High Court.

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