Technology Professionals' Liability

Lawyers who speak and understand technical language are vital to achieving a cost-effective and speedy resolution.

We deal with a wide variety of technology related disputes including those involving IT project failures; software development errors; CRM, ERP and ecommerce solutions; hardware failures; software licensing; source code; IP rights; design of technology solutions; technology consultancy services etc.

We also regularly advise insurers on technology E&O policy wordings, insurance claims and coverage.

We build strong ongoing relationships through a personalised service. Dedicated relationship partners combined with innovative technology means we deliver incredible support and a proactive approach.

Featured experience

• Advising in defence of a £10m+ dispute over the development of a CRM software solution for a car manufacturer which was to be implemented across multiple brands and jurisdictions. The dispute was resolved by a payment from the Claimant to the Insured.
• Advising in respect of a £1m+ dispute over licensing payments and infringements of copyright in source code brought by a large UK financial institution. The dispute was resolved by an agreed discount for the development of a new piece of software for the Claimant.
• Defending a software provider against a claim for £6m following a coding error resulting in the incorrect pricing of thousands of the commercial customers’ products. The dispute involved detailed quantum analysis based on expert opinion and evidence. It was resolved at mediation through a combination of financial settlement and service credits.
• Acting for an industry leading company specialising in the management and delivery of complex Content Management projects. A dispute following a customers’ termination of a major three year project. The multi-million pound dispute raised performance failures across multiple stages of the project, issues of causation and quantum, legal rights of termination and was underpinned by commercial factors. We successfully navigated these issues to a successful conclusion after a heated mediation and subsequent weeks of negotiation.
• Defending a Fintech client following a software reporting error which allegedly resulted in the customer incurring £350,000 of additional charges. With our assistance in the background, we guided the client through a successful negotiated settlement without the customer having to appoint solicitors, therefore avoiding legal proceedings and costs.
• Defending a software house against allegations of negligence and/or breach of contract arising from the design supply and delivery of a CRM system for use by a marketing company.
• Defending a technology services provider against allegations of negligence in the design of a booking service for use by an international hotel chain, where an issue meant that cancellations were not processed. This multi-million euro claim was brought in the UK by the client’s Spanish customer. Rather than written submissions on legal points of debate, this dispute was resolved through lengthy negotiation over quantum spreadsheets and formulae.
• Advising a Middle-Eastern telecommunications client in respect of a breach of contract claim by a customer in Asia. The contract was subject to UK law and jurisdiction. We successfully avoided the customer’s termination of the contract and advised the client on a negotiated settlement involving the grant of service credits.
• Advising insurers in respect of a claim for in excess of US$100m against a large global corporate arising from the alleged breach of a multi-jurisdiction Master Services Agreement valued at over US$1 billion. The claim relates to liquidated damages and compensation arising from delays caused to a large project to transform the Claimant’s IT business support system.
• Instructed by London reinsurance market to advise on coverage for multiple claims under a global Technology PI policy. The claims relate to alleged failure to provide products and services with quantum up to and exceeding US$100m. Policy disputes have arisen in relation to, for example: (i) application of primary policy cover; (ii) applicability of policy deductibles; (iii) reasonableness of defence costs incurred; and (iv) provision of settlement consent absent clear liability and quantum advice.
• Advising insurers in respect of a £2.6m claim brought against videogame software developers arising from alleged breach of contract and negligence in the production of the game. As the Insured is in liquidation, the claim is being pursued directly against Insurers under The Third Party (Rights Against Insurers) Act 2010. We are also advising on the Insured’s liability under the Distribution and Sales Agreement.
• Advising the insurers of a major tech company headquartered in Asia on E&O claims arising in (amongst others) the UK, Germany, Finland, China, Australia and the USA.
• Acting on behalf of the London reinsurance market in respect of a coverage arbitration relating to the reinsured global Technology PI policy. The Policy is subject to Indian law while the underlying claim is in the USA. We are providing coverage and monitoring advice and strategic support to insurers while overseeing the day-to-day co-ordination of an international team of lawyers.
• We are responsible for dealing with all notifications made to a global Technology PI policy held by a multinational provider of information technology equipment and services. We provide coverage advice and defence monitoring for all notifications on an international basis.
• Currently advising insurers on coverage in respect of proceedings in Germany against its insured for alleged breach of a Software Licence and Services Agreement. The Claimant seeks damages of €2.9m arising from delays in the provision of the completed software.