Brown v BCA Trading Ltd & Ors

Brown v BCA Trading Ltd & Ors

Predictive coding is ordered for electronic 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 disproportionate, particularly for counsel and paralegal fees.

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
Application for predictive coding disclosure granted; costs budgets partially approved with directions for reconsideration of certain items.
Legal Topics
Disclosure, Predictive Coding, Costs Management, Section 994 Petition
Company Law Civil Procedure Insolvency Disclosure Predictive Coding Costs Management Section 994 Petition

Case Brief

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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 electronic 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 disproportionate, particularly for counsel and paralegal fees.

Court Disposition

Application for predictive coding disclosure granted; costs budgets partially approved with directions for reconsideration of certain items.

Orders

  • Disclosure to be conducted using predictive coding, subject to further directions if necessary.
  • Parties to identify and narrow issues for disclosure through a schedule and dialogue.