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Commerce, Contracts & Finance

Expert Determination – A Wolf in Sheep’s Clothing?

Those who have dealt with a failed systems development project know that the complex legal and factual issues that arise represent a veritable ‘dripping roast’ for dispute lawyers. Coupled with the advent of the new Civil Procedure Rules in 1999, it is little wonder that dispute resolution clauses in IT contracts have become ever more prescriptive. We now often find disputes being categorised into technical, legal or commercial issues and to each is then applied an escalating range of medicines, from meetings between executives, to mediation, litigation or more and more frequently expert determination. Tim Toomey of v-lex questions this extended use of expert determination….

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To Disclose or Not to Disclose A Follow-up

In the August/September edition of Computers & Law, Amanda Kearsley and Nick Rudgard explored the difficulties of reconciling the principles of disclosure under the Civil Procedure Rules (CPR) and the disclosure of personal data under the Data Protection Act 1998 (DPA) arising from the case of Totalise plc v The Motley Fool Limited and Interactive Investor Limited (2001) P&T 764. In December 2001, the Court of Appeal overturned the costs order made at the original hearing and set out the principles for the future. The new approach will have a significant impact on the position of organisations, such as Web site operators, from whom disclosures of information may be sought. This article reviews that approach….

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Strategies to Manage Legal Risks & Designing an Effective Risk Management Framework

If there is one constant that all businesses face throughout their life cycle, it would be managing legal risk exposures. Given the unique nature of information technology (IT) businesses, legal risk exposures can be particularly accentuated. The need to evolve a sound and proactive legal risk management framework as part of the enterprise’s legal strategy is becoming an imperative. A sound legal risk management framework should provide a seamless integration of legal contents or guidance with an IT-driven workflow process. Here expert systems can play an important role in the design of such legal risk management systems. Zaid Hamzah, CEO, Lexfutura (Global) and Managing Director, I-Knowledge Technologies, Singapore, provides a road map….

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Editorial

Web Site Hypocrisy I was always quite comfortable with the ‘do as I say, not as I do’ approach with my children but I suspect that it’s not going to cut it with SCL members. So it’s fine to direct your attention to the article so prominently displayed on the front cover (Web Site Design…

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Web Site Design and the Disability Discrimination Act 1995

“The Internet is a wonderful thing for the disabled. You should be proud of your achievement in making the life of the disabled so much better.” Rabbi Lionel Blue, OBE at the Annual Dinner of The British Computer Society held on 12 November, 2001. Stephen Mason and Catherine Casserley explain why this is not always so – and what the law requires….

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