When the High Court of England and Wales handed down judgment in the case of Brown v BCA Trading Ltd, it marked what is believed to be the first test of technology assisted review (TAR) for disclosure at a full trial in England.  The technology is being used increasingly and, combined with recently-proposed changes to the English disclosure regime, could result in more legal cases becoming economically viable to fight and lead to greater recoveries for creditors.

TAR also has applications beyond litigation, which can be particularly useful for insolvency practitioners (IPs, as they are often called) appointed to a company who need to find out key information and secure assets quickly with limited funds.

The BCA judgment

In May 2016, Berwin Leighton Paisner won the first contested application for its client BCA to use predictive coding in Brown v BCA Trading Ltd [2016] EWHC 1464