The Litigation and Corporate Risk team at international law firm Berwin Leighton Paisner (BLP) have achieved a successful judgment following a 12 day High Court trial for client BCA Trading (BCA) in a case where it utilised predictive coding to conduct a substantial document review exercise.
BLP believes that this is the first time that predictive coding has been tested through to full trial. BLP secured the first English court order allowing the use of predictive coding in the face of opposition from the other side in the case in May 2016.
Having represented BCA Marketplace in its £1.2bn reverse takeover a few years ago, BLP continued to act for the client in relation to an unfair prejudice claim brought by a minority shareholder of Tradeouts Limited, a business that BCA had acquired a majority stake in. BLP and BCA were successful on all counts in the judgment David Brown –v- BCA Trading Limited, which was delivered on Friday 9 March 2018, and the unfair prejudice petition was dismissed. The judgment relied heavily on the contemporaneous documents, which had been disclosed using predictive coding. Seeing the technology successfully deployed in a case and thoroughly tested during a 12 day High Court trial evidences its reliability and makes a compelling case for its use given the cost savings it offers.
BLP are committed to the development and use of artificial intelligence and technology in the legal sector. BLP’s use of predictive coding is one a number of applications and platforms used by the firm as part of a wider commitment to providing an efficient legal service to meet changing client needs. Recently, BLP became the first UK-based law firm to use Opus 2’s Magnum platform for unilateral case management, and was the first law firm to deploy RAVN’s Applied Cognitive Engine (ACE) artificial intelligence solution.
Oliver Glynn-Jones, Head of Commercial Dispute Resolution at BLP who led the team, commented: “We are delighted with the successful outcome of this case, both as a positive outcome for a valued client and as evidence of how predictive coding can be deployed effectively during litigation.”
“BLP prides itself on being at the cutting edge of using law tech and AI to improve the delivery of legal services, and we are almost unique in having the predictive coding platform and forensic disclosure specialists in-house. Using this setup, BLP was able to significantly reduce our client’s costs. Now that the technology has been tested and proven at full trial, and demonstrated benefits in terms of cost and accuracy, we predict that it’s likely to become much more prevalent in commercial litigation.”
The Berwin Leighton Paisner team included Oliver Glynn-Jones, Robin Ganguly, Rebecca Wardle and Alasdair McAlpine. The team instructed Sa’ad Hossain QC and Joyce Arnold of One Essex Court.
Notes to Editors:
About Predictive Coding:
Predictive coding is machine learning technology that dramatically reduces the cost of the e-disclosure process. Through a process of iterative refinement, the algorithm can reach a level of review accuracy that can be applied across the entire dataset, identifying relevant documents in a manner that is far more efficient and scalable than a traditional document review.