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17 August 2016 / Andy McGregor , Daniel Wyatt
Issue: 7712 / Categories: Features , Profession , Technology , Litigation trends
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A watershed moment?

Is 2016 the year of technology assisted review, ask Andy McGregor & Daniel Wyatt

The question of how to manage the ever-rising levels of electronic data in large and complex civil proceedings is not straightforward. It can be very challenging to balance the competing interests of ensuring relevant documents are located and disclosed—a cornerstone of the English judicial system—and ensuring that costs remain proportionate and timescales remain realistic.

Using technology to assist large-scale disclosure review projects is nothing new. Even predictive coding—a relative newcomer compared to, say, using online data hosting platforms or keyword search terms—has been used for a number of years now. However, the use of predictive coding and other advanced forms of technology assisted review (TAR) as primary tools in disclosure reviews remained at reasonably low levels coming into 2016. Many practitioners were cautious of using TAR for a number of reasons, some of which may have been rooted in a general lack of understanding of the techniques available or an underlying mistrust of the technology.

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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