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Breaking new ground

In Ireland, the Commercial Court first approved technology assisted review (TAR) for discovery in March 2015. by the Irish Bank Resolution Corporation, which had to review more than 700,000 electronic documents, Fullam J was satisfied that “in discovery of large data sets, technology assisted review using predictive coding is at least as accurate as, and, probably more accurate than, the manual or linear method in identifying relevant documents.”

The Court of Appeal upheld this ruling in February 2016, confirming that the protocol that had been approved by the High Court was fair, proportionate, and took account of the increasing need for the courts to ensure that discovery is complied with in a cost-effective manner.

Changing technology

Many solicitors will be familiar with document management platforms, to which documents are uploaded and manually coded, enabling documents to be indexed, reviewed, and produced efficiently. The new generation of discovery platforms uses machine-learning algorithms to analyse data, identify patterns, and predict relevance, enabling speedier and less costly production of electronically stored information.

TAR involves using predictive coding and analytical tools (‘analytics’) in conjunction with the solicitor’s expertise. A discovery exercise conducted without one of these key components is not TAR and will not comply with the requirements set down by the courts.

Writing in the April Gazette, Karyn Harty stresses that solicitors must understand this technology and its relevance to practice. Harty, a partner in the dispute resolution and litigation group of , explains contemporary TAR tools and offers advice for solicitors taking their first steps in this area.

•  Read the full article in the April 2017 Gazette

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