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Understanding and controlling disclosure costs

Jeffrey Shapiro considers how ediscovery can assist with managing the case budget and keeping disclosure costs proportionate

30 March 2016

The opinion of Master Matthews in Pyrrho Investments Ltd v MWB Property Ltd and others [2016] EWHC 256, approving predictive coding for the disclosure of documents in civil litigation, highlights the judiciary's continued focus on 'the overriding objective of enabling the court to deal with cases justly and at a proportionate cost' under Civil Procedure Rules (CPR) 1.1.

Long before predictive coding made headlines, two judicial reforms attempted to address and remedy the growing costs of litigation. The Peruvian Guano discovery test led to the Woolf reforms, and by Lord Justice Jackson's estimation, the persistent culture of following the old rules and disclosing everything led to the Jackson reforms.

Today we find ourselves in a legal landscape that is markedly different than it was pre-Jackson, and the Pyrrho decision shows the judiciary's recognition of the realities of m...

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