In Pyrrho Investments Limited & Anor v MWB Property Limited & Others [2016] EWHC 256 (Ch), the Court expressly approved the use of predictive coding to meet the parties’ disclosure obligations.

Predictive coding combines human review with technology-assisted review and can provide a number of advantages, including the ability to reduce costs in certain matters. In the case at hand, which involved disclosure of a large data set, the Court also noted predictive coding could match (if not improve) the accuracy of the disclosure, and would be in line with the overriding objective of the Civil Procedure Rules and accompanying Practice Directions.

Ultimately, whether it would be right for predictive coding to be used in other cases would depend on the circumstances of those other cases. However, it is clear technology-assisted processes are becoming more common in litigation, and will continue to do so in the future. By way of example, you can read how DLA Piper has already embraced artificial intelligence for document review during M&A due diligence here.