Hero Backdrop

IT & telecoms disputes

Get expert support on resolving IT disputes

Our specialist IT lawyers have extensive experience of both pursuing and defending IT and Telecoms related matters. We have assisted many high profile clients within the public and private sectors to successfully resolve their disputes.

Trying to avoid a dispute when wanting to exit an IT or Telecoms agreement early because of a failure to deliver is often tricky because of the complex legal and technical issues that are invariably involved. We have expertise identifying the best way out of contracts that have gone wrong whilst minimising the impact practically and financially for you and your business. We look at all aspects of the contract, the relationship between the parties and your key objectives to help work out the best solution. 

We understand that not all parties in dispute want to part company and that seeking a mutually acceptable, pragmatic, commercial resolution is often more beneficial. We have experience of renegotiating the terms of contracts and of negotiating the terms of new contracts as part of the settlement of disputes. The answer to a dispute isn’t always Court proceedings as there are a wide range of alternative dispute resolution (ADR) options available including mediation. We also work closely with our commercial team with any drafting of contracts following a settlement or obtaining input into contractual interpretation.

Key IT dispue services

Our team is able to support on a variety of areas including:

  • Distressed IT and Telecoms projects
  • Cloud computing and services disputes
  • IT hardware and manufacturing disputes
  • Internet service provider disputes

Before entering into any IT or Telecoms contract, it is very important to check its terms and ensure that these are acceptable and that what is being ordered is in line with your requirements. In our experience, disputes often arise because there is a disparity between what the customer expects and what the supplier has actually contracted to provide.  We can provide advice and training around what to look out for, what to avoid and how to protect yourself better when entering into an IT or Telecoms contract. 

Key cases

  • Successfully negotiating and terminating a high value IT agreement for a local authority due to a number of material defaults.
  • Pursuing a claim on behalf of a university against a supplier of time critical computer hardware for use in a multi-million pound capital development project.  After it was delivered, various elements of the hardware were sent for routine testing by the manufacturer who informed the University that some of the hardware supplied was counterfeit and/or a “grey” import.  We drafted a notice of rejection and were able to secure a confidential negotiated settlement with the third party supplier avoiding the need for court proceedings.
  • Acting for a leading insurance broker to resist a claim brought by the provider of the software used in its operational systems for payment of additional fees said to be due but not previously charged.  We identified key arguments that could be raised with the software provider who subsequently agreed to write off all of the backdated charges claimed.
  • Advising a local Council in relation to a substantial claim made by a software owner for software licence fees said to be due from the Council retrospectively for its usage of software without having the necessary user licences in place.  We were able to agree the software owner would not to pursue its claim for the further licence fees helping the Council to avoid exposure to a substantial damages claim for licence infringement for which it had not budgeted.