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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

Irwin Mitchell—Louisa Donaghy

Irwin Mitchell—Louisa Donaghy

National military team expands in Leeds with legal director appointment

Taylor Wessing—Jamie Humphreys

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Disputes and investigations team welcomes product liability partner hire

Spector Constant & Williams—Michael Michaeloudis and team

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London firm launches employment department with four-lawyer team hire

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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