Irish Bank Resolution Corporation wants to use a US-style form of technically assisted discovery to analyse the relevance of almost 1.75m documents for its action alleging members of the Quinn family conspired to put valuable assets beyond its reach.
If the technology-assisted review of bank and other documents IBRC has identified as possibly relevant for the case proceeds, it will be the first time this means of analysing relevance of documents for discovery between parties will have been used in litigation here.
Karyn Harty, for IBRC, in an affidavit to the Commercial Court said the process is “very efficient and very accurate”, particularly where the number of documents exceeds 1m.
It involves a computer learning what document is, or is not, relevant from expert practitioners who code batches of randomly selected documents for relevance at the outset of the review.
Charlotte Simpson, for the Quinns, said they were concerned IBRC intended to begin the process now on the understanding it will bear the costs should the court uphold any objection the Quinns may make.
Barry O’Donnell, for IBRC, said it was anxious to get the process under way.
The judge said he would let IBRC begin the process but warned that should any objections by the Quinns to it be upheld, they should not be “damnified” by the fact the process had started.
He adjourned the matter for two weeks so the Quinns could consider their attitude.
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