Stuart
has mediated the following technology disputes:
• 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 renationalisation 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
Employment & Pensions.
|