Predictive Coding is Officially Approved in First English Case

predictive coding

Extract from article by Doug Austin

In this case, the parties, through several rounds of correspondence, “agreed on the (automated) method to be employed”, which “involves ‘predictive coding’”, and “also the scope of the keywords to be employed”.  Citing DaSilva Moore, Master Matthews referenced several comments in Judge Peck’s decision nearly four years earlier, including:

“The decision to allow computer-assisted review in this case was relatively easy – the parties agreed to its use (although disagreed about how best to implement such review). The Court recognises that computer-assisted review is not a magic, Staples-easy-Button, solution appropriate for all cases. The technology exists and should be used where appropriate, but it is not a case of machine replacing humans: it is the process used and the interaction of man and machine that the court needs to examine…The goal is for the review method to result in higher recall and higher precision than another review method, at cost proportionate to the ‘value’ of the case… Computer-assisted review appears to be better than the available alternatives, and thus should be used in appropriate cases.”