Page 92 - วารสารกฎหมาย ศาลอุทธรณ์คดีชํานัญพิเศษ

วารสารกฎหมาย ศาลอุทธรณ์คดีชำานัญพิเศษ

to be able to increase the foreseeability of judicial process by ‘assessing the chances of
success of a particular trial, by ensuring transparency of the work of judges and

by harmonising the development of case law.’ The use of AI in legal proceedings can
13
also be collaborative than be seen as taking over mankind; the English High Court

in Pyrrho Investments Ltd & ors v MWB Property Ltd & ors handed down a decision
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allowing the use of ‘predictive coding’ for e-discovery. Briefly, the case involved
a massive disclosure of documents which are more than 17.6 million therefore the use
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of predictive coding can help to perform searches and assess the relevance of
the electronically stored information rapidly than if they were to be reviewed manually.

In the decision, the Chancery Master referred to a US Federal Court case and cited
the general comments made, inter alia, ‘The Court recognises that computer-assisted
review is not a magic, Staples-easy-Button, solution appropriate for all cases.

The technology exists and should be used where appropriate, but it is not a case of
machine replacing humans: it is the process used and the interaction of man and machine
that the court needs to examine.’ 16

III. DISRUPTIVE OR DESTRUCTIVE?

In a 2009 American film Up in the Air, the main protagonist Ryan is a veteran
consultant hired by companies to assists with the highly emotive task of employee

retrenchment. One day, his firm hired a clever but inexperienced executive who
developed a video conferencing platform that can conduct retrenchment exercise
via videoconferencing thus increasing productivity and reducing travel costs. Ryan

protested because he opined such a process to be hazardously impersonal and that there
is a methodology to what he does as well as a reason why it is working. Ryan then took

13 Council of Europe, ‘State of democracy, human rights and the rule of law – role of institutions, threats to
institutions, Report by the Secretary General of the Council of Europe’ (2018) <https://rm.coe.int/state-of-democracy-
human-rights-and-the-rule-of-law-role-of-institutio/168086c0c5> 25.
14 [2016] EWHC 256 (Ch)
15 ibid [5]
16 ibid [28]

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