In 2013 Triumph purchased Primus’ aerostructure manufacturing business including facilities at Farnborough in England and at Rayong in Thailand. In 2016 Triumph subsequently alleged breaches of warranty and commenced proceedings against Primus claiming $65m (£47m) in damages.

Standard disclosure was ordered and the parties agreed a list of key words.  Triumph’s key word searches indicated some 450,000 responsive documents.  Triumph reviewed about 230,000 documents using manual searches aided by a computer assisted review. A sampling exercise on 1% of the remaining 220,000 suggested only 0.38% would be relevant, so Triumph decided that it would be disproportionate to continue the manual searches. This approach was not agreed or discussed with Primus and was contrary to Triumph’s electronic documents questionnaire, which indicated that all responsive documents would be manually reviewed. 

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