Experience
Please find below examples of our experience in this practice area:
- A major European IT services company - acting for a high profile dispute arising from the termination of a £50m pan-European ERP software project. Proceedings were issued in March 2005; and the case went to trial in March 2007 in the Technology and Construction Court. After 3 weeks of a 9 week trial the case settled. Our client paid no damages.
- A major international software company - acting on an ICC arbitration in London. Likely for trial in Spring 2008, involving a claim by a Belgium multinational for damages in excess of $50m. The dispute arises out of a global ERP software implementation.
- MacDonald Dettwiler Limited - acting for them and others - v - Local Government Information House Limited, the High Court litigation concerning the National Land Information Service (NLIS) PPP. The claimants, the IT services provider, were seeking an order for specific performance – that the defendant approve the claimant’s appreciation for an increased service provider charge – and damages against the government body responsible for NLIS. The case was settled by consent.
- An IT consultancy - acting on its High Court action against its customer relating to the non-payment for ERP consultancy and software integration services, and supporting the settlement of the dispute. This included claims for misrepresentation, breach of a condition (time being of the essence) and lack of fitness for purpose.
- A UK telecommunications service provider - acting on High Court proceedings issued against a network provider for breach of EU Competition rules for damages in the region of £100m.
- A major IT service company - acting on a dispute with another major IT service company, its subcontractor, under the concession involving termination of that subcontractor, and fending off threats of immediate injunctions prohibiting termination. (£60m in dispute).
- A major software supplier - acting on its dispute with a chemical organisation regarding the implementation of an ERP solution. This matter was dealt with through the ICC arbitration procedure.
- An electronic and software engineering services supplier - acting on a confidential arbitration with its subcontractor concerning a claim for damages for defective and late delivery of software for an automated tester for a defence application (£20m in dispute).
- A major software supplier - acting on its dispute with a higher education organisation regarding the implementation of certain financial software applications. This matter was successfully resolved by way of mediation.
- A major UK outsourcing company - acting on its dispute with a subcontractor regarding the outsourcing of certain life and pensions services by the end customer. This matter was successfully resolved by way of mediation.
- A large county council - acting for the council in relation to disputes concerning an ICT strategic partnership agreement with a major international IT service and telecommunications company, including a £30 million dispute relating to an ERP software implementation project which was settled on excellent terms for the council, following early neutral evaluation.
- A global electronics company - renegotiating the commercial relationship in relation to a major public sector IT programme, implementing agreements on amended scope worth approximately £20 million and obtaining a highly favourable settlement of a claim for compensation and extensions of time for dealys caused by the customer.
- A major UK FTSE techMARK 100 IT services group - advising in relation to the purported termination of an IT services sub-sub-contract for the benefit of a government department and of significant value to the group. We obtained an emergency interim order preventing termination by the sub-contractor until our injunction application could be heard. The proceedings were settled by consent shortly before the scheduled hearing on terms ensuring the continuance of the sub-sub-contract.
- A specialist professional consultancy - advice to the consultancy concerning the implementation of computer based training systems for a defence facility, being provided under a public private partnership. This included negotiations of an extension of time, damages for delay costs and payment for additional work.