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The High Court in the UK has fully endorsed the use of predictive coding in discharging a parties obligation regarding electronic disclosure. Master Matthews, in Pyrrho Investments and others v MWB Property and others [2016] EWHC 256 (Ch), noted in this case that "there were no factors of any weight" to point in the direction of not using predictive coding for the disclosure process.  This is the first time a UK Court has given judgment on the area, while noting the limited Irish and US jurisprudence on the topic.

Predictive coding, often referred to as technology assisted review, is the use of computer software to review and analyse documents, determining if they are of relevance to the issues of the case. It is not without human input however, as the computer must first be "trained" in order to determine relevance.  Based on the training received the software can review and score documents for relevancy, subject to quality assurance exercises carried out by the human reviewer.


Continue Reading UK High Court endorses Predictive Coding in Discovery

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The CJEU has ruled in Svensson and Others v Retriever Sverige AB (C466/12) (Svensson) that providing a hyperlink to copyrighted works which are already freely available online does not constitute an infringement of copyright.  However, if a link allows users to bypass technical measures restricting access to a site on which a copyrighted work appears, then infringement may occur.

The decision had been awaited with some trepidation due to the essential role linking plays in the day to day operation of the internet. A contrary ruling would have created a serious barrier to the interconnectivity upon which the internet thrives.


Continue Reading Links to Freely Available Content do not Infringe Copyright