The use of technology that has the potential to greatly reduce the costs of discovery and make the process more manageable for all involved has been approved by the English High Court. TAR, or technology assisted review, was previously approved by the Irish courts in March 2015 in the IBRC/Quinn litigation.
What is TAR?
TAR is a method for identifying relevant electronic documents in the discovery process using a combination of predictive coding software and expert human input. In simple terms, a person trains the computer software to determine whether documents are relevant to the litigation (For a more detailed explanation, see our previous article on TAR here).
Traditional discovery versus TAR
Traditional discovery involves the following basic stages:
- identification of discoverable documents (i.e. documents which potentially have to be disclosed to the other side);
- preservation and collection of discoverable documents;
- processing, review and analysis of discoverable documents to identify relevant documents; and
- production of relevant documents.