Working an IT Mediation - Tuesday 19 March 2013 - London

When: 19/03/2013

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SCL is delighted to offer you another opportunity to attend this expert led seminar. Book now to avoid disappointment.

Hosted by: 4 Pump Court
Twitter: #SCLaw

Peter Susman, QC
, Henderson Chambers

Counsel for the client:
Duncan McCall, QC
, 4 Pump Court

Counsel for the supplier:
Simon Henderson
, 4 Pump Court

Milestones are missed; costs spiral out of control. Everyone agrees the project has failed but no-one is quite sure why. Client loses confidence in supplier's ability to deliver; supplier blames scope creep and lack of business engagement. The project is re-planned (twice), but nothing gets better. Cries of repudiatory breach are heard on all sides, the project implodes and the contract is terminated. A year down the line proceedings have begun. Cost estimate to trial is £3m per side; 10% of that has been spent to date. But the claim is only worth £6m (best case); taking it to trial would make no commercial sense. It is time for mediation. And it is a mediation that neither side can allow to fail.

How to set the parameters of settlement when neither witness statements nor expert reports have been exchanged, when disclosure has not yet been read, and neither side is really sure where fault lies or what the outcome of a trial would be? Can the other side be persuaded that they have more to lose? Is it all about the commercials? Will the mediator be on side? Can he be persuaded? Does it matter? How can we work the mediation to achieve the best possible outcome?

The aim of "Working an IT Mediation" is to address some of these conundrums. Through the medium of a lecture and a staged mediation, the dynamics of an IT mediation will explored and analysed.

NB: This seminar is a repeat of the hugely popular seminar held on 6 March 2012.

Peter Susman, QC
Peter Susman specialises in complex contract litigation including contractual disputes arising from the supply of bespoke or customised computer systems.

Peter also advises and acts on construction and engineering disputes; commercial litigation in both the Queen's Bench and Chancery Divisions of the High Court (including interim and final remedies for breach of contract, the interpretation and drafting of commercial contracts, and insurance, public procurement, company law, employment and other issues arising in relation to commercial transactions and disputes); product liability; consumer credit and other financing contracts; professional negligence claims (including those against accountants, architects, solicitors, surgeons and surveyors); broadcasting and telecommunications law;  and other litigation involving technology, more than one area of law, complicated issues or facts, or other difficulties.

He also acts as an Arbitrator and Mediator. 

Peter was shortlisted for IT Silk of the Year 2007 for the Chambers UK Bar Awards.

Duncan McCall QC
Duncan McCall was called to the bar in 1988, took Silk in 2008 and is rated as a Leading Silk in Information Technology law and related areas. He has appeared in many headline IT cases as well as numerous arbitrations in this field, including many foreign-law arbitrations. He also acts as a neutral evaluator and adjudicator.

Duncan is familiar with the technical side of IT projects, and also specialises in the business and commercial aspects of this field. He has been involved in many high-value claims made by industry and Government users in which an understanding of the potential business benefits of a system is as important as understanding the software upon which the system is based.

Simon Henderson
Simon Henderson was called to the bar in 1993.  He has a wide ranging commercial practice with particular expertise and extensive experience in Information Technology.
Between 1989 and 1991 Simon was employed as an Assistant Consultant with Andersen Consulting (now Accenture).  He underwent intensive training as a computer programmer and went on to have experience of coding and designing computer programs in the context of large-scale IT projects.  As a result he is able to offer a unique and unusual understanding of the realities and difficulties in IT projects.

Simon has extensive experience of advising and representing hardware and software developers and users in a variety of claims and is recommended as a leading junior in this field in Legal 500 and Chambers & Partners.  Recent cases include AstraZeneca UK Ltd v IBM Corporation, Ericsson AB v EADS and BT Plc v SAE Group.

Simon also has experience of all methods of ADR and is a trained mediator.

The cost of attendance at this event is £90 + VAT (£108) for SCL members, £140 + VAT (£168) for non-members and £15 + VAT (£18) for students and SCL academic members. VAT invoices will be issued to all delegates. VAT invoices will be issued to all delegates. 

If you wish to attend this event please book online or email [email protected] and request an invoice. Fees can be paid by cheque (cheques should be made payable to "Society for Computers and Law" please), Mastercard, Visa, Switch or bank transfer. All invoices for attendance at this event must be paid within 30 days of the invoice date or prior to the date of the event, whichever is the earlier.

Students and SCL academic members please note that you cannot book online.  To reserve your place and request an invoice please email [email protected]

Non-members wishing to join the Society are entitled to membership of the Society valid for 12 months from the date of payment including full access to the content of the SCL web site, 6 copies of the SCL magazine "Computers & Law" plus notification of future SCL events. The cost of an annual SCL membership is £115.00.  If you have any queries about SCL membership please contact : Priti Magudia, Tel: 0117 9237393, Email:  [email protected]

CPD: Under the Solicitors Regulation Authority CPD scheme, ILEX's CPD scheme and the Barristers' New and Established Practitioner Programmes this event is accredited with 2 hours CPD.

Booking terms and conditions: Application online or by email constitutes a firm booking and an undertaking to pay the meeting attendance fee. Cancellations will not be accepted (and refunds made) unless received in the Society's offices in Bristol at least one week before the date of the relevant event or meeting.

It may be necessary for reasons beyond the control of the Society for Computers and Law to change the content/timing of the programme and/or speakers.

Society for Computers and Law  A company limited by guarantee 1133537  Registered Charity No. 266331  VAT Registration No. 115 4840 85  Registered in England and Wales  Registered office: 10 Hurle Crescent, Clifton, Bristol, BS8 2TA.

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