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A watershed moment?

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

Burges Salmon—Lillian Mackenzie

Burges Salmon—Lillian Mackenzie

Projects and infrastructure team appoints partner in Edinburgh

Gateley Legal—Brian Dowling

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Partner joins residential development team in Reading

DWF—Don Brown

DWF—Don Brown

Banking and finance team expands with strategic partner hire

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Writing in NLJ this week, Nick Brett and Vicky Lankester of Brett Wilson dissect the chronic failures of the Crown Prosecution Service (CPS) in meeting disclosure obligations. From the Post Office scandal to the collapsed trial of Liam Allan, they highlight how systemic neglect has led to wrongful convictions and miscarriages of justice
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