Predictive coding ordered despite party’s objections

The High Court has ordered disclosure to be carried out using predictive coding despite a party's objections to the use of the technology: Brown v BCA Trading Limited [2016] EWHC 1464 (Ch).

This is understood to be the first reported decision in which the English courts have approved the use of predictive coding following a contested application. A decision in February this year had endorsed the use of the technology for a large disclosure exercise, but in circumstances where the parties had already agreed on its use (Pyrrho Investments v MWB Property [2016] EWHC 256 (Ch).  The present decision illustrates that the comparative costs between predictive coding and keyword searching are likely to be a significant factor in determining whether it should be ordered. It also suggests that, where there is a dispute as to whether predictive coding is appropriate, the court may take particular account of the views of the party who holds the lion's share of the documents and therefore will have the greater burden on disclosure.  To read more from our litigation team, click here.

Written by Karen - HSF