Tag Archives: E-disclosure

Predictive coding ordered despite party’s objections

The High Court has ordered disclosure to be carried out using predictive coding despite a party's objections to the use of the technology: Brown v BCA Trading Limited [2016] EWHC 1464 (Ch). This is understood to be the first reported decision in … Continue reading

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Use of predictive coding for e-disclosure endorsed by English High Court

A decision of the English High Court handed down yesterday has expressly approved the use of predictive coding (also known as technology assisted review) for a large disclosure exercise: Pyrrho Investments Limited & Anr v MWB Property Limited and Others … Continue reading

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Irish court endorses use of predictive coding for disclosure

A recent decision of the High Court in the Republic of Ireland has endorsed the use of predictive coding for a disclosure exercise, rejecting the opposing party’s insistence on a linear manual review of all the keyword responsive documents and … Continue reading

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Court of Appeal finds clear breach of unless order for e-disclosure

The Court of Appeal has held that claimant liquidators were in breach of an “unless order” for e-disclosure, overturning the High Court’s decision that there was no breach despite the mistaken omission of certain important categories of documents from the list: Smailes v … Continue reading

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Article published on recent themes in e-disclosure

Gregg Rowan, Celina McGregor, Johan Botha and Lyn Harris have published an article in the November edition of PLC Magazine which looks at the impact of the Jackson reforms on e-disclosure and how parties can seek to control the costs of the … Continue reading

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High Court finds party not in breach of “unless order” for e-disclosure as result of errors in list

In a recent decision the High Court held that a party was not in breach of an “unless order” for e-disclosure as a result of the mistaken omission of certain categories of documents from the list and a failure to … Continue reading

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High Court grants relief from sanctions following errors in compliance with “unless order”

The High Court has granted a defendant relief from the sanction of striking out its defence following errors in compliance with an “unless order” to give e-disclosure: Wyche v Careforce Group PLC (unreported, QBD, 25 July 2013). This decision illustrates that, … Continue reading

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New rules in relation to the disclosure of electronic documents in High Court proceedings

A new Practice Direction (PD) and Electronic Documents Questionnaire will apply to the disclosure of electronic documents in multi-track cases started in the High Court on or after 1 October 2010. The new PD and questionnaire have been developed out … Continue reading

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Electronic disclosure – ignore rules at your peril

Earles v Barclays Bank Plc [2009] EWHC 2500 provides a clear reminder to litigants to undertake proper electronic disclosure. The judge made clear in the starkest terms that Practice Direction 31 2A (electronic disclosure) “is in the Civil Procedure Rules … Continue reading

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