We helped a technology supplier with a major software licensing problem:
Our client had brought new sites into scope for a large, multi-site public sector customer, without a formal contract variation and without the requisite extension to software licences to cover the new sites.
After informal discussions to extend software licences to cover the new sites, the software provider demanded licence fees for new sites plus back payments (and threatened to tell customer that the sites were unlicensed).
We recommended an early dispute resolution approach, which ultimately:
helped the supplier stand up to the provider; and
enabled supplier to push the dispute into long grass for 18 months and to manage relationship with customer.
Using early dispute resolution, we analysed legal and factual position, and the wider context, to determine the strength of our client’s position and strategy. We then:
developed strategy with supplier to meet objective of delaying progress;
focussed on provider’s failure to invoke (correctly) the dispute resolution process;
took advantage of provider’s lack of focus on key issues;
enabled our client to manage staged escalation to senior management, rather than reacting to the provider’s demands; and
enabled supplier to manage communications to customer.
This resulted in:
A negotiated settlement
At a time to suit to our client, some 2 years after problem arose
Due to the EU’s new standard contractual clauses for the transfer of personal data to third countries (“SCCs”) being implemented after the UK left the EU, some UK businesses have been left in the difficult position of trying to work out which of the two current sets of SCCs they should use when transferring personal data overseas.
According to NHS Resolution, the cost of medical negligence litigation has fallen for the second year running. The government is currently consulting on NHS litigation reform ‘against a background of significant increase in costs’ which implies that the Health & Social Care Committee has been reading a different report to the rest of us.
Selling a farm can be a stressful, long-winded process, not least because it often involves the sale of both home and business. Last minute glitches that can seriously compromise the timing of the sale, and sometimes the sale itself, can be avoided by advance preparation and early coordination between the professionals involved.