IT and Telecoms

A number of the barristers at 8 New Square have worked as programmers, designers of commercial software and as managers of technical software and electronic systems development and are very experienced in acting in IT and Telecoms disputes. Such experience includes the following areas: logistic systems, facilities management systems, staff management systems, customer service systems, marketing systems, professional services billing and time management systems, CAD-CAM and 3-D design systems and a wide variety of accounting systems and financial services and regulatory systems.

Such disputes often involve complex contractual issues which in turn bring into play the technical and functional aspects of the IT systems involved. Members who undertake this work are particularly aware of the procedural and costs constraints involved and the case management powers and procedures of the Technology and Construction Court which is based in London. They are also able to work effectively and closely with the variety of expert witnesses typically involved, whether as to the technology, the commercial requirements of the systems under scrutiny and with forensic accountants. We also bear in mind the suitability of this type of dispute for ADR procedures such as mediation or expert determination.

In addition to litigation, members of Chambers advise extensively on IT matters including the drafting of IT contracts such as software design and development agreements, publishing agreements, licence agreements, facilities maintenance agreements and hardware and software supply and maintenance agreements.

Telecoms

Members of Chambers have acquired a particularly good understanding of the commercial and technical aspects of the telecoms industry arising out of their involvement in a number of telecom patent disputes including Nokia v Interdigital, Nokia v IPCOM, Samsung v Ericsson, Ericsson v Sendo and Research in Motion v Inpro.