Our Technology Disputes Service
In an ever-evolving commercial landscape, the seamless implementation of IT software can improve efficiency and ensure that your business remains ahead of the curve.
However, when that technology fails to deliver, it can lead to arguments over who is at fault; commonly, disputes arise out of defective software development and implementation projects, SaaS and cloud services, IT outsourcing, systems integration, data and cyber incidents, and disputes concerning licensing, ownership and use of intellectual property.
Often, these services are subject to complex contractual arrangements. Our solicitors are skilled at addressing these challenges. Given the complexity of modern software, cloud infrastructure, and digital transformation, these conflicts require solicitors who understand both the technology and the appropriate recourse for your business.
That sector knowledge enables the team to identify the technical and contractual issues quickly, protect your commercial position, and pursue effective outcomes through early strategic advice, negotiated resolution, urgent interim relief or formal proceedings where required.
When You Might Need a Technology Dispute Solicitor
- Failed IT Implementation: A software rollout has stalled, gone over budget, or failed to deliver the promised functionality.
- Software Licensing Audits: You are facing a hostile audit or a claim of under-licensing from a major software vendor.
- Service Level Agreement (SLA) Failures: Your IT managed service provider is failing to meet uptime or performance targets.
- Intellectual Property & Data: Disputes involving software source code theft, trade secrets, or data protection breaches.
- Termination of Tech Contracts: You need to exit a long-term IT service contract without incurring massive penalties.
- Cyber & Data Incidents: Managing the legal fallout and liability following a cyber-attack or data leak requires experienced solicitors.
How Our Technology Dispute Lawyers Can Help
Our solicitors offer bespoke advice, ensuring that all parties involved understand their rights and obligations.
- Strategic Dispute Resolution: We prioritise early resolution through mediation and Alternative Dispute Resolution (ADR) to save you time and legal costs
- Contractual Analysis: Our team provides a forensic review of your Master Service Agreements (MSAs), Statements of Work (SoW), and SLAs to identify your contractual position.
- Interim Injunctions: If your business operations are at risk, we can apply for urgent interim relief to prevent service shutdowns or protect proprietary data.
- Expert Liaison: We work closely with independent IT forensic experts to build a robust technical evidence base for your claim.
Our solicitors advise you on risk and identify solutions to avoid litigation, where possible.
The Technology Dispute Process
Our tech disputes team combines broad dispute resolution experience with clear, strategic advice on the best way forward.
A step-by-step roadmap for our clients:
- Initial Assessment: We will assess all relevant documentation to evaluate the merits of your claim, the scope for recovery, and the action needed to protect your position,
- Pre-Action Protocol: We issue a formal "Letter of Claim" outlining the breaches, often opening the door for early settlement negotiations.
- Information Gathering: We assist with the "disclosure" of project emails, code repositories, and technical logs required to prove the failure. This can be an arduous task, and where appropriate, we can work with e-disclosure providers to ease that burden.
- Mediation/ADR: this can often prove an effective way of reaching settlement, without incurring the costs of litigation.
- Litigation or Arbitration: If a settlement cannot be reached, our experienced litigators can take carriage of your claim, or the relevant contractual mechanism for resolving disputes, such as arbitration or adjudication.
Why Work With Our Dispute Resolution Team
- For the past seven years, the Legal 500 has rated us as a Top Tier legal firm.
- There are in excess of 30 specialist lawyers in the Myerson Dispute Resolution Group, who will assist you with cases involving shareholders, partnerships, directors, inter-company disputes, professional negligence, and commercial agency issues.
- You will obtain city-quality dispute resolution legal help at regional pricing.
- We offer a partner-led service to make sure you get the greatest legal counsel and support with a focus on business.
- Our large and experienced team can work quickly to fulfil your deadlines.
- We recognise that each transaction is unique to your specific circumstances and that you require the assistance of a dispute resolution solicitor who has dealt with a wide range of clients and types of work.
- We are a full-service law company with a single location, which ensures our employees interact effectively and efficiently.
- We employ the most recent technology to make sure that we are operating as effectively as possible and that a client's location is not a barrier to us providing outstanding customer service.
- All of our clients receive free newsletters and webinars that keep them informed about dispute resolution legal developments. View our most recent webinar on dispute resolution updates.
- Check out the Myerson Promise for more information on the benefits of working with us.
Technology Dispute FAQs
Can we stop payment if the software doesn’t work?
This depends on your contract. Expert advice should be sought from solicitors to ensure contractual compliance.
Doing so without legal advice could put you in "repudiatory breach," giving the supplier the right to terminate the contract. Our expertise helps avoid such issues. We can advise on the safest way to withhold funds during contract disputes.
How long do technology disputes take to resolve?
Many cases are settled via mediation within 3–6 months. However, complex litigation in the TCC can take 12–18 months, involving detailed contractual analysis by our solicitors.
What compensation can we claim?
Typically, you can claim for wasted costs or the cost of a "workaround," related to breach, subject to any "limitation of liability" clauses in your contract.
Testimonials
Meet Our Dispute Resolution Team
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information: