Telecommunications

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.

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.

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’).

Instructed to provide expert opinion on proximate cause following disruption to the power supply at a UK healthcare facility. A fault occurred on the main incoming power supplies resulting in consequential loss of power to the building’s Uninterruptable Power Supply (UPS) and delays to the initial power supply works. Analysis of contractual delay clauses, procedures adopted by various parties involved and relevant maintenance schedules were carried out.

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.

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.

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.