Podcast: “Expert determination of IT Disputes – an under-used procedure?” – 25 June 2012 (Related online CPD Course available)

June 25, 2012

James Farrell
, Partner, Herbert Smith LLP

Clive Freedman
, Barrister, 3 Verulam Buildings
Alexander Hickey, Barrister, 4 Pump Court
Dr David Sharp, Partner, Head of the Expert Witness Practice, Charteris plc

The podcast is available to download here
The speaker’s slides and papers are available to download in the right hand column of this page.

The related online CPD course is available here

This seminar explains what expert determination means, and the use of expert determination in resolving IT disputes.  The possibilities for challenging an adverse decision are considered during the seminar.

Disputes in software development projects will be compared with disputes in construction and engineering disputes, where a party has the right to insist that a dispute is in the first instance referred to an adjudicator who must reach a decision in a tight timescale, usually 28 days; the pros and cons of using such a procedure in IT disputes will be discussed.  

This podcast will be of interest to both contentious lawyers and to non-contentious lawyers who draft dispute resolution clauses.

James Farrell
is a partner and solicitor advocate at Herbert Smith and has extensive experience of substantial commercial disputes in the High Court and Appellate Courts, as well as arbitrations, mediations and in particular expert determinations. He has broad experience in advising clients in the energy (oil and gas, and electricity), media, IT, financial services (accountancy and investment banking) sectors and in completion accounts disputes. James lectures on a range of legal topics and is co-author of Expert Determination (4th Edition).

Speakers’ Details:
Clive Freedman
is a Barrister, Mediator and Arbitrator practising at 3 Verulam Buildings, Gray’s Inn. His practice covers commercial disputes generally, including IT, construction, professional negligence, banking and commercial fraud. In recent years his main area of specialisation has been IT law, particularly contractual disputes arising from IT projects. He is the co-author of Expert Determination (Sweet & Maxwell, 2008), and has contributed to Bullen & Leake & Jacob’s Precedents of Pleadings (chapter on IT Disputes).  He was a member of the working party which prepared Practice Direction 31B, dealing with eDisclosure.  Clive is a Trustee of the SCL.  He is also a Fellow of the British Computer Society and Chair of its Disciplinary Panel, a Fellow of the Chartered Institute of Arbitrators, and a Trustee of BAILII.

Alexander Hickey was called to the Bar in 1995.  He has a commercial practice with particular knowledge in the areas of Information Technology, Construction, Energy and Professional Negligence.  Alex is recommended as a leading junior in the directories and has extensive experience of arbitrations and litigation in respect of IT disputes, in particular on interlocutory relief.

Dr David Sharp is a Partner and Head of the Expert witness practice at Charteris plc. His professional work involves IT strategy formulation; IT systems procurement; procurement of outsourced services; managing IT projects; and resolving IT disputes. He also carries out commercial and IT due diligence for corporate and private equity investors. He has acted as Expert witness in over twenty complex IT disputes involving delayed programmes, software licensing and patent workarounds. He has acted as Adjudicator in over 100 telecoms/internet services disputes and has acted as IT-expert Mediator to resolve complex commercial and IT disputes involving up to three parties. He sits as Expert Determiner on a dispute board relating to a large government programme. He is a Chartered Arbitrator, Chartered Engineer, Chartered IT Professional and Fellow of the British Computer Society.