Pyrrho: The ediscovery ruling heard around the world

March 29th, 2016

An article by Ramin Tabatabai, Director, Litigation and Investigations at Clutch, entitled, “Pyrrho: The ediscovery ruling heard around the world” has been published in Solicitors Journal. The article considers the impact of the UK High Court’s approval of Technology-Assisted Review. An excerpt of the article can be found below. Here’s a link to the article for Solicitors Journal subscribers.

Excerpt

On 16 February 2016, Master Matthews approved the use of technology-assisted review (TAR) in an ongoing matter, Pyrrho Investments Limited v MWB Property Limited [2016] EWHC 256 (Ch). This marks the first instance of an English court approving predictive coding software and has the potential to set a strong precedent for its future use.

In the interest of clarity, it is important to note that Matthews M’s approved judgment is not a ruling. Rather, it is a judicial approval. Both parties in the matter had agreed to the use of TAR and had sought approval by the High Court on the basis that the concept of TAR had recently been introduced to English litigation.

So is this a one-off? Or does it have far-reaching implications? For one thing, the story is far from over. Not only have the parties agreed on the use of the technology, they have also agreed on a framework and process for undertaking the exercise. The industry will be keeping a close eye on how the application of TAR in this matter unfolds.

At this stage, there are several takeaways for various industry stakeholders, in-house counsel, law firms, technology providers, and other interested observers.