Technology Cases

• Claims and cross-claims regarding territorial rights and termination in respect of an agreement for the distribution of engineering technology in the energy industry.

• Claim for payment for software and implementation costs for fleet management system, and counterclaim for rescission.

• Claim for breaches of confidentiality in relation to poaching of senior employees between parties to an international domain name registrar and support contract.

• Dispute as to the effect of non-compliance with contractual formalities on entitlement to payment for provision of contract labour in IT industry.

• Claim for invoices defended on the grounds of bribery in the procurement of the contract.

• Termination dispute regarding failed project for the supply of telematics services and devices for the motor insurance industry.

• Claims and counterclaims arising out of abandoned project for the integration of financial and ordering software in an online fresh food business.

• Claim for fees for services and licence for software under contract in public sector defended on grounds of frustration due to re-nationalisation of the service.

• Claims and counterclaims in respect of a joint venture agreement relating to the supply of systems to the offshore wind energy industry.

• Dispute relating to the development of a climate change analytics product for fund and investment managers.

• Claim for damages for sub-standard coding and delayed project delivery in respect of an ecommerce platform and e-shop in the publishing sector. 

• Claim for maintenance invoices and counterclaim for damages for failure to fix a software defect in commercial photocopying machines.

• Distressed project dispute in the rail infrastructure sector involving issues of scope creep, requirements, delays and contractual risk. 

• Dispute regarding the scope of and integration of a suite of healthcare systems in the context of an NHS Trust’s decision whether to terminate or agree an exit from the contract, or to renegotiate a baseline functional specification and timetable.

• Claim for contractual costs following termination for breach of a contract for the management of marketing media channels in a large chain of retail stores. 

• Dispute between rail infrastructure organisation and framework IT supplier regarding delays to and scoping of project for gateway platform. 

• Dispute between global BPO supplier and multi-national FTSE100 company as to run charges and transition charges in £20m global outsourcing project following alleged failures on both sides regarding localisation of processes and delivery. 

• Counterclaim for project delays against supplier of technology to nuclear arms industry. 

• Dispute between former co-investors regarding the duties of an investor regarding competition in the international payment services market. 

• US$5m claim by group of investors against guarantor of a failed international mobile payments technology company. 

• Claim by university against former IT director and associates for various procurement frauds.

• Claim and counterclaim in respect of the development of an ecommerce website platform for an equestrian supplies business.

• Claim for breach of trust, breach of contract and breach of confidence by main contractor against sub-contractor following sub-contractor's take-over of contract for development of off-shore oil industry IT system.

• Dispute between remaining shareholders and outgoing chairman/shareholder of a pre-profit audio technology business valued at £20m+ by funding.

• Claim by parcels carrier against insured supplier for project delays, defects and misrepresentations in respect of the design and implementation of an ERP system, and counterclaim for fees.

• Claim by listed supermarket chain against international end-to-end IT service provider in respect of project delays and defects relating to an HR and payroll system for 400 stores, and counterclaim for fees.

• Claim by clothes designer and manufacturer in respect of project delays and defects in sales and inventory tracking software, and counterclaim for fees.

• Dispute between sports governing body and league representatives and supplier and operator of LED screen advertising technology.

Stuart has experience of litigating and advising on IT disputes. Examples include:

• Dispute between listed supplier and telecoms company following termination of a major project mobile telecoms portal project, following delays and issues of software quality.

• Claim by engineering toolmaker against US supplier of CAD-CAM software arising from functionality issues.

• Claim against AIM-listed software supplier by Local Authority for delays and defective payroll software.

• Claims between set-top box manufacturers and patent-owners relating to MPEG technology rights.

• Claims by NHS Trust for delay and defective software against US-owned supplier of hospital management software.

• Dispute between payroll system supplier and manager and truck-rental company over service levels and functionality issues.

• Claim against software development company by revenue collections company for delays and defective software.

• Claims by PC assembler in claims against chip supplier relating to defective chips.

• Dispute between multi-national chemical distributor and ERP system supplier following delays and functionality issues and interfacing difficulties.

• Claim in Munich by German bank against software supplier for delays and functionality issues following termination of project.

• Dispute between bank and system supplier and administrator over operation of payroll system.

• Various disputes over terms and performance of data-back-up and storage contracts.

• Claims brought by Spanish distributor for firm-ware system defects against designer and manufacturer of vehicle-tracking devices and related systems.

• Dispute between quarry products company and software supplier over functionality and delays in implementation of management information system.

• Claim by London Borough against IT supplier over delays in implementation and contested termination.

• Dispute between set-top box manufacturer and Dutch distributor over product quality issues.

• Dispute between distributor and hardware manufacturer over terms of reseller agreement and alleged parallel importing.

• Claim against listed supplier by construction company for defective software and delayed implementation.

• Dispute between logistics company and software supplier following under-sizing of mainframe and resultant under-performance of system.

• Dispute between university publishing and book-wholesaling company and system-supplier arising out of defects in computer-controlled order-processing, book–picking, replenishment and order-fulfilment system.

• Claim against ERP and MRP system supplier by furniture manufacturer for delays and functionality issues.

• Dispute between regional NHS Trust and system supplier over delays in implementation and functionality issues with management information system.

• Dispute between printing company and system-supplier over implementation delays and functionality issues in print-management and financial information system.

• Dispute between system-supplier and main contractor over scope and termination payments in relation to the data-spine for the NHS National Programme for IT.

• Claim by bidder against local constabulary over failure to follow advertised OJEC procurement procedure.

• Dispute between customer in defence industry and supplier of management information system over delays and functionality issues.

• Claim by main contractor against sub-contractor supplier of telecoms portal software.

• Dispute between set-top box manufacturer and Israeli distributor over contract terms and product quality issues
  
  

 

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