Brown v BCA Trading Ltd & Ors [2016] EWHC 1464 (Ch) (17 May 2016)

Brown v BCA Trading Ltd & Ors [2016] EWHC 1464 (Ch) (17 May 2016)

Predictive coding is ordered for disclosure as it is the most reasonable and proportionate method in this case, given the significant cost savings and absence of evidence that it is less effective than keyword searching. Costs budgets must be reconsidered where they are not reasonable or proportionate, particularly regarding trial counsel fees and disclosure costs.

Citation
[2016] EWHC 1464 (Ch)
Parties
Petitioner: David Brown; First Respondent: BCA Trading Limited; Second Respondent: Robert Feltham; Third Respondent: Tradeouts Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2016
Procedural Posture
Section 994 Companies Act 2006 Petition / Case Management Hearing and Costs Management Order
Outcome
Order for disclosure by predictive coding; partial approval of costs budgets with directions to reconsider certain items.
Legal Topics
Disclosure, Predictive Coding, Costs Management, Section 994 Petition
Company Law Civil Procedure Disclosure Predictive Coding Costs Management Section 994 Petition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

David Brown

Petitioner

BCA Trading Limited

First Respondent

Robert Feltham

Second Respondent

Tradeouts Limited

Third Respondent

Procedural Posture

Section 994 Companies Act 2006 Petition / Case Management Hearing and Costs Management Order

Legal Issues

  1. 1 Whether electronic disclosure should be conducted using predictive coding or keyword search
  2. 2 Reasonableness and proportionality of costs budgets for disclosure and trial preparation

Ratio Decidendi

Predictive coding is ordered for disclosure as it is the most reasonable and proportionate method in this case, given the significant cost savings and absence of evidence that it is less effective than keyword searching. Costs budgets must be reconsidered where they are not reasonable or proportionate, particularly regarding trial counsel fees and disclosure costs.

Court Disposition

Order for disclosure by predictive coding; partial approval of costs budgets with directions to reconsider certain items.

Orders

  • Disclosure to be conducted by predictive coding, subject to parties' cooperation and further directions if needed.
  • Parties to identify and narrow issues for disclosure in a schedule as directed.