A press release from Taylor Wessing reports that Master Matthews has given judicial approval for the use of predictive coding for disclosure in the English High Court.
The press release reports that the parties had agreed the use of predictive coding but thought they ought to obtain judicial approval. This is consistent with the provisions of Rule 31.5 which provides (effectively) that the court is the final arbiter of decisions about scope, method and cost of disclosure.
The press release emphasises that the concern of both court and parties was “to reduce the associated costs whilst still complying with the disclosure obligations”.
The Master “noted that predictive coding is in use in other jurisdictions and evidence suggests that it is no less accurate than a traditional manual review process”. I think it likely that US Magistrate Judge Peck’s opinions in Da Silva Moore and Rio Tinto will have been referred…
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