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Extract from article by Gordon Exall

There has been much written already in relation to the decision of Master Matthews in Pyrrho Investments Ltd -v- MWB Property Ltd [2016] EWHC 256 (Ch). However I want to concentrate upon the fact that this judgment provides a readily accessible guide to predictive coding.

What is Predictive Coding?

It is explained by the Master in some detail.

Mr. Spencer explains in his statement that the term ‘predictive coding’ is used interchangeably with ‘technology assisted review’, ‘computer assisted review’, or ‘assisted review’. It means that the review of the documents concerned is being undertaken by proprietary computer software rather than human beings. The software analyses documents and ‘scores’ them for relevance to the issues in the case. This technology saves time and reduces costs. Moreover, unlike with human review, the cost does not increase at the same rate as the number of documents to be reviewed increases. So doubling the number of documents does not double the cost.

 

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