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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract of article from Chris Dale
US Magistrate Judge Andrew Peck has just declined to order an unwilling party to use technology-assisted review in a case called Hyles v New York City. I think that an English court would have made the order in analogous circumstances.
US Magistrate Judge Andrew Peck is the leading judicial proponent of the use of Technology Assisted Review. His opinions, notably those in Da Silva Moore and Rio Tinto v Vale, are cited in pretty well every judicial opinion and judgment, and in every academic textbook or paper in the common law world.
On 1 August, Judge Peck declined to order the City of New York to use TAR in a case brought against the city by Pauline Hyles. The Order (you will find it here) ends thus:
The Court would have liked the City to use TAR in this case. But the Court cannot, and will not, force the City to do so. There may come a time when TAR is so widely used that it might be unreasonable for a party to decline to use TAR. We are not there yet. Thus, despite what the Court might want a responding party to do, Sedona Principle 6 controls. Hyles’ application to force the City to use TAR is DENIED.