A good review of what the Disclosure Pilot Scheme means by Holman Fenwick Willan LLP.
I thought it was interesting to see what they were saying about advances in legal technology and eDisclosure software and how they have created a positive impact on both the time and cost implications of the process of disclosure.
The authors say, “the predictive coding systems learn from a very limited number of coding decisions made by lawyers, forming algorithms and enabling it to locate relevant documents itself, pushing them to the front of the queue for manual review by the lawyers. Thereby driving down the cost, as lawyer review time is reduced with no adverse effect on accuracy.”
And continue by saying, “the use of technology in this area is exciting in terms of its potential to streamline this costly aspect of litigation, however its success depends on the parties’ willingness to engage with the process.”
And I think this is really important. Because technology can be a fantastic tool for uncovering and gathering information, especially since so much intelligence and evidence is stored electronically. But at the end of the day, it’s about empowering the human investigator to be more effective that really matters. And to do that – they need to be engaged in the process.
Disclosure is the process whereby parties exchange certain documents which are material to the issues in their dispute. Historically, parties in English litigation have chosen to give what is known as ‘standard disclosure’ that is, provide their counterparty with documents relevant to all issues which support their case or that of their counterparty.