Outsourcing & technology disputes

  • Overview
  • Case studies
  • We work with both public sector customers and private sector suppliers on all aspects of outsourcing and technology disputes: from the first signs of non-performance through to resolution of the dispute, whether that be through negotiation, expert determination, via mediation or arbitration, or court proceedings.

    Our in-depth knowledge of public procurement, and our understanding of the importance of achieving efficiencies and value for money services in the face of public sector budget cuts, means that we understand the pressures faced by public sector customers dealing with non-performing contractors. That same knowledge and experience also puts us in a unique position to advise suppliers on the likely routes to resolution of the dispute.

     

     

  • Licensing disputes

    We advised one of the UK's largest property and leisure management, development and regeneration companies on a multi-million pound software licensing dispute with a global software corporation. The dispute was settled at the pre-action stage for a fraction of the sum claimed and on terms that allowed our client to continue using key software packages to improve efficiency across its business.

     

    Contract dispute

    We advised the UK's largest newspaper and magazine wholesale and distribution company on a multi-million pound contract dispute with an international IT consultancy firm for the design, build and maintenance of a data centre. The defendant had breached key terms of the agreement relating to the timeframes for the retrieval of data that was critical to our client's business. The dispute was settled on terms that allowed our client to source an alternative solution at no extra cost to them and ensured that improvements were made in service delivery in other areas covered by the contract.

     

    IT services dispute

    We advised a central government department in connection with a multi-million pound IT services dispute with two separate suppliers relating to liability for a significant delay to the "go live" date.

     

    Outsourcing of back-office functions

    We advised a London Borough on a multi-million pound dispute with one of the UK's largest IT and telecoms companies in connection with outsourcing of back-office functions. A related dispute at the framework level also involved multiple parties which added to the complexity of the matter.

     

    Waste collection services dispute

    We advised a consortium of four waste collection authorities on a contract dispute with a waste collection services provider. The value of the claims and counterclaims exceeded £20m and related to a variety of issues around performance, the accuracy of pre-contract information provided by the councils, and TUPE issues. The dispute raised issues about express and implied terms, the statutory obligations of WDAs, and the interaction with a separate PFI contract relating to the processing of waste in the region.

     

    IT services breach of contract

    We advised a large housing association defending a breach of contract claim brought against it by an IT provider as a result of alleged non-compliant use of software. We were instructed following an audit of our client's systems by the provider. We supported our client throughout the client-to-client negotiation process and helped them to navigate the restrictive 'standard form' approach adopted by the provider. 

     

    Private sector contract dispute

    We were instructed to advise an NHS Trust in a contract dispute with a private sector provider relating to a two year delay to the implementation of a Pathology Information Management System. We advised the Trust on termination and recovery of its financial losses.

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