IT Disputes

Our Commercial team has vast experience in assisting clients with IT disputes.

For example, we regularly advise in relation to contractual disputes relating to development of software or whether the terms of a software licence or support and maintenance agreement have been complied with.

Another important aspect of our work in this area is the resolution of copyright infringement and trade mark disputes either in relation to software or online.

For further information about our work in relation to trade mark / copyright infringement please click here.

We have an excellent record of resolving IT related disputes without recourse to the Courts either through negotiation, mediation or another form of ADR. However, where necessary (for example a dispute cannot be resolved or an emergency injunction is required), we are able to draw on a wealth of experience of experience of litigating disputes in the High Court or the Intellectual Property Enterprise Court.

What we do best:

  • Understanding the problem

    We are used to working with technology and we take time to work with you to understand the problem.

  • Designing an appropriate response

    Some disputes require an immediate injunction application and some disputes require a more nuanced approach combining formal court action, correspondence and settlement discussions. We are good at getting the balance right.

  • Being responsive

    Our clients’ problem is our problem. We like nothing better than working closely with a client to resolve a knotty or complicated problem.

  • Commercially aware

    Not all problems are resolved by brute force and litigation. We try hard to understand the commercial imperatives for our clients and to provide advice that reflects the commercial realities of the situation.

  • Show of strength

    In most disputes there is a time to show our teeth and be tough. Whether that is in correspondence, in settlement negotiations or in court. We have the experience and maturity to recognise when and where that is required to increase your chances of securing a settlement and/or putting our client in the best possible position in Court.

Contact our team
Examples of our work include:
Advising a leading social care provider on a dispute with its IT services provider.
Defending a complex patent litigation matter, patent revocation and patent entitlement proceedings, including successful defence of allegations of copyright infringement and misuse of confidential information.
Advising a leading supplier of ERP software on its program to ensure compliance with its licence terms including obtaining a Norwich Pharmacal order to find out the identity of one infringer and then taking action to ensure that the wrong-doing stopped immediately.
Defence of a claim in ownership in software within the ophthalmic industry.
Commencing and then successfully settling High Court proceedings relating to the implementation of a new software solution in the health care sector.
Successfully resolving a dispute related to a project to develop a new digital platform using an agile development process.
Successfully resolving a software infringement dispute by proving that our client had not copied source code in a competitor’s software.