AI Magazine Issue 3 2018

Acquisition International - Issue 3 2018 11 litigation. The use of computer technology in the e-disclosure process has been supported by the wording of Practice Direction 31B, paragraph 25 of which it states that it may be reasonable to search for electronic documents by means of key word searches, or other automated methods of searching if a full review of each document would be unreasonable. Various methods of computer-driven, e-disclosure analysis have emerged, including key word searches of e-documents and predictive coding (a process which involves the review of documents using computer algorithms to return likely relevant documents, which are based on a selection of relevant documents determined by a human subject). As a result of the increasing complexity of e-disclosure analysis and the need for specialist IT services, lawyers regularly instruct outside organisations to help with the e-disclosure process. This can be costly – although is invaluable in terms of promoting effective time and case management. Parties are expected to address the issue of e-disclosure prior to the first case management conference, including giving thought to the use of software tools and the completion of an e-disclosure questionnaire. Howell & Co would suggest that parties to litigation consider the question of e-disclosure, and the preservation of e-documents (and all other relevant documents for that matter) at the outset of a case. This will assist with case management generally as the matter progresses, and also defend against clients falling foul of the provisions of the CPR on disclosure.