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Accelerating digital transformation globally, amid growing disruption and intervention
Our specialists provide pragmatic advice on a wide range of high-value and complex technology projects
Our experts are regularly instructed to analyse outsourced technical delivery programmes, providing independent, objective advice at each stage of the project life cycle. Our expertise focuses on the analysis of delay, identification of the root causes of failure and the fitness for purpose of delivered systems, resources and project management methods.
From advising on disputes relating to breach of software copyright to reviewing the quality and suitability of delivered software, hardware or related services, our experts are well placed to give advice and assessment, particularly regarding whether a project has been delivered with reasonable skill and care.
Our complementary expertise in electronics and electrical engineering has seen us involved in cases relating to electronic road tolling, lift and materials handling systems, environmental conditioning and railway safety, as well as those components of engineering projects that contain embedded software.
Selected projects

Technology
Expert witness services in high-profile information technology case
Instructed as technology expert witness in a high-profile UK High Court case regarding a bespoke EFTPOS payment and accounting system ...
Instructed as technology expert witness in a high-profile UK High Court case regarding functionality of a large, bespoke electronic funds transfer at point of sale (EFTPOS) payment and accounting system. Analysed contemporaneous and legacy documentation to opine on the suitability of the development process adopted in construction of the system. Key issues included the robustness of the software and its functionality, adequacy of the support services alongside review of historic bugs and issues, and testing practices.

Technology
Expert advisory services for complex High Court technology case
Appointed to provide expert technical advisory services for Lead Counsel in a complex UK High Court public sector technology case ...
Appointed to provide expert technical advisory services for Lead Counsel in a long-running, complex UK High Court public sector technology case. The dispute surrounds the adequacy of a high-throughput electronic funds transfer at point of sale (EFTPOS) system and its various interlinking components and services. The exercise involved assessment of the contemporaneous evidence disclosed in order to ascertain whether hypotheses from the Defendant’s technical expert were valid.

Transportation
Technology advice for electronic toll charge programme in Southern Africa
Technology advisory services in support of a European consortium engaged in a dispute relating to the commissioning of an open road tolling project in Southern Africa ...
Technology advisory services in support of a European consortium engaged in a dispute relating to the commissioning of an open road tolling project in Southern Africa. Operating under the FIDIC Gold Book Conditions of Contract for Design, Build and Operate (DBO) projects, the dispute arose over the impact of delay and allegations of the Employer failing to discharge its operational obligations. Assessed fitness for purpose relative to expected KPIs and assumptions, system scalability and performance tuning for the future.

Telecommunications
SAP implementation project recovery for large media corporation
Expert technology advisory services for a dispute relating to the implementation of an SAP enterprise resource planning software system at a major UK media and broadcasting corporation ...
Expert technology advisory services for a US$60m dispute relating to the implementation of an SAP enterprise resource planning software system at a major UK media and broadcasting corporation. The organisation was advised that specific SAP modules could interface with its legacy systems with no customisation and no changes to the existing legacy systems. In the event, the legacy systems required extensive re-work and the lifespan of the project, initially 12 months, extended to nearly three years.

Consumer Goods & Services
Investigation of software licensing dispute involving alleged copyright infringement
Instructed in the High Court case AFD Software v DCML Ltd to investigate a licensing dispute involving software enabling access to the Royal Mail’s postcode database for use in the automotive industry ...
Instructed in the High Court case AFD Software v DCML Ltd to investigate a licensing dispute involving software enabling access to the Royal Mail’s postcode database for use in the automotive industry. Investigations focused on software copyright infringement via the replication of proprietary source code in memory when using the software, the basis upon which a £14.1m claim was calculated, and analysis of technical validity of the argument.

Financial Services
Bespoke project recovery for a UK-based health insurance provider
Appointed to provide independent project advisory services in relation to a frustrated technology implementation for an award-winning, UK-based health insurance provider ...
Appointed to provide independent project advisory services in relation to a frustrated technology implementation for an award-winning, UK-based health insurance provider. Key issues included a misunderstanding of initial expectations, continuous changes to project scope and an overall lack of communication, documentation and adherence to good project management. Following initial review of the project history, the exercise involved benchmarking performance of the supplied system against the legacy system to establish whether end-to-end performance had improved.

Consumer Goods & Services
Expert technology opinion for digital island ferry ticketing dispute
Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, concerning failed implementation of a new ferry ticketing system...
Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, held before the Outer House of the Scottish Court of Session, concerning failed implementation of a new ferry ticketing system for a fleet of 33 vessels serving 53 ports throughout Scotland’s Hebridean and Clyde islands. Following contract review, considered primary causes of delay and failure and key dispute issues, including delivery methodology (‘Agile’ vs. ‘Waterfall’).

Technology
Tactical approach to negotiations helps resolve public sector IT dispute
Appointed to provide technical advisory services for a UK public sector IT implementation project which had fallen into dispute ...
Appointed to provide technical advisory services for a UK public sector IT implementation project which had fallen into dispute due to a disagreement regarding requirement gaps and scope creep. Following a “kill or cure” assessment, deployed tactic to assist the client with analysing the technical components of the delivery against the contractual dependencies to provide a ‘strengths and weaknesses’ portfolio for negotiation. The output provided to the client enabled successful continuation of the implementation.