header-logo header-logo

13 May 2016 / Hitesh Chowdhry
Issue: 7698 / Categories: Features , Profession
printer mail-detail

Predictive coding comes of age

nlj_7698_chowdhry

Hitesh Chowdhry on deciphering the true meaning of Pyrrho for predictive coding

Master Matthews’s recent judgment in Pyrrho Investments Ltd and another v MWB Property Limited et al [HC-2014-000038], has been widely-cited as a ground-breaking decision for the use of predictive coding technology during disclosure. Predictive coding is a machine-learning algorithm which learns why documents are being categorised in a certain way on the basis of a sample set of documents which have been reviewed by a lawyer. The system’s learning can then be applied automatically to un-reviewed documents, thereby opening the possibility for potentially-relevant documents to be disregarded without having been reviewed by human eyes. The judgment has been heralded by many as the end of protracted and expensive document review exercises, signalling entry into a new world where litigators’ approach to disclosure is turned on its head.

The judgment: A starter for ten

Master Matthews helpfully set out a ten-point judgment which paves the way for future use of predictive coding technology. The pertinent takeaways can be summarised as follows:

There is no

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll