Predictive Coding Endorsed In England

PREDICTIVE CODING ENDORSED IN ENGLAND by Ryszard Lisinski - 6 Jun 2016

The use of predictive coding software was endorsed on 17 May 2016 in the matter of David Brown v BCA Trading (unreported). This follows its official approval in Pyrrho Investments v MWB Property.

Predictive coding or “technology assisted review” expedites the review of large volumes of electronically stored information (“ESI”), which is usually attained through a process termed eDiscovery.

eDiscovery allows litigants, in the context of the discovery process, to easily search and collate ESI, which is comprised of a range of metadata (akin to an electronic audit trail).

eDiscovery is already available in South Africa, but is not yet widely in use.

It is likely that both eDiscovery and predictive coding will eventually become the norm in the industry worldwide.