We have experience in dealing with the various different issues that may arise in connection with IT projects of all sizes regardless of whether the project involves software, hardware or related services.We have advised both suppliers and purchasers in relation to technology disputes, in particular:
- outsourcing agreements
- supply and installation of bespoke software, hardware and related services
- supply and installation of "off the shelf" software and hardware
- software licensing issues
- counterfeit software problems
- website design disputes
- domain name disputes
IT disputes can be complex and difficult. However, technology disputes of this nature are often resolved more easily if the issues or problems in question are picked up at an early stage. If so, it may still be possible to maintain (or even revive) the commercial relationship between the parties.
Funding
Fixed fee, capped fee and conditional fees are all considered. We will take a pragmatic and creative approach as our aim is to foster long-term business partnerships with our clients.
Due to our extensive experience, from an early stage we will be able to confirm whether we can act on your behalf on a conditional fee basis, more commonly known as “a no win no fee agreement”. Such an agreement simply means that if we do not succeed with your claim you will not have to pay for our services. However, if we are successful, you will be responsible for our legal costs in accordance with the conditional fee agreement. However, your reasonable legal costs are often recovered from the opposing party if you are successful.
What's said about us...
OPT is very pleased with the relationship. Consistently exceeding expectations, Justin Byrne is a real asset to OPT.
Angus Norman
Chief Executive Ocean Power Technologies Ltd
Recent cases have included:
- Advising leading renewable energy company Ocean Power Technologies on its strategic technology project.
- Acting in a dispute over the ownership of the copyright in agreement for the commission of bespoke forecasting software for the Consumer Healthcare UK division of GlaxoSmithKline. After a 7 day trial, judgment was granted in our client’s favour: Meridian International Services Limited v Richardson, IP Enterprises and Aldersley [2007] EWHC 2539.
- Acting for a purchaser of website design services. The purchaser had not secured ownership of the copyright in the website, but needed to do so because they wished to employ alternative developers. A successful outcome was negotiated, providing for additional services from the developer before termination of their services.
- Acting for software vendors who had not been paid and with complaints about the delay in the completion of the software and that the software did not meet the agreed specification. This was denied by the supplier who said that additional time had been required to meet variations in the specification. The case was finally settled on amicable terms.
- Advising a number of software resellers facing allegations that software products they had sold were counterfeit copies of a major supplier's software. Substantial claims for damages were made against the resellers. In each instance, we were able to negotiate a commercially acceptable solution for our clients.
