Claims for Wasted Management Time in IT Implementation Disputes

The Holman case has once again highlighted the risk of claims against suppliers for wasted management time in IT implementation disputes. Tim Strong, partner in the IT dispute resolution team at Barlow Lyde & Gilbert, reviews the development of claims of this nature, taking a look at some of the general principles applied by the courts in assessing damages….

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Electronic Disclosure – The Way Ahead

Over the last century, apart from direct testimony, paper evidence has been the most compelling form of evidence in trying criminal and civil cases. However, with the advent of computers and information technology the dependence on paper documents as the major source of evidence, other than testimony, is changing. The real question, say Chris O’Reilly (Director of International Litigation Support at LDM) and Jason Derting (who owns Pacific Legal), is whether the legal community has kept pace with the phenomenal growth in computer technology and whether it is aware of the significance of computer-generated data in the disclosure process….

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Data Protection Update

Europe The Council of Europe Convention for the protection of individuals with regard to the automatic processing of personal data (Treaty 108), which was the main impetus for the UK’s Data Protection Act 1984, has been extended by an additional protocol covering the powers of supervisory authorities and the rules for transborder data flows. The…

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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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