EDRM Blog

English Court Rules that Respondents Can Use Predictive Coding in Contested Case: eDiscovery Case Law

By Doug Austin

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In Brown v BCA Trading, et. al. [2016] EWHC 1464 (Ch), Mr. Registrar Jones ruled that, with “nothing, as yet, to suggest that predictive coding will not be able to identify the documents which would otherwise be identified through, for example, keyword search”, “predictive coding must be the way forward” in this dispute between parties as to whether the Respondents could use predictive coding to respond to eDisclosure requests.

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The May 17 order began by noting that “the question…

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George Socha


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