IT Group Expert Evidence Commended By Judge

Following a recent judgment issued by Lord Doherty at the Court of Session in Edinburgh, ATOS IT Services (UK) Limited has been ordered to pay £1.2 million in compensation to David MacBrayne Ltd over a contractual dispute involving a new ticketing system.

David MacBrayne LTD operates a growing fleet, currently of 34 ferries, providing services to 28 routes within the Clyde and Hebrides area of Scotland. As part of its Business Transformation proposition, it issued an invitation to tender for a new ticketing and reservation managed service.

ATOS IT Services (“Atos”) was awarded the contract after proposing a combined reservation solution that would be provided by Hogia Ferry Systems AB together with ATOS’s Wordline UK solution for smart ticketing systems.

The nature of the agreement was an archetypal supplier/customer agreement following the OJEU procurement process wherein the customer, David MacBrayne required a “Go-Live” of the system in time for the Winter 2015/2016 timetable.

Following two instances of delay and failed attempts to agree consequent recovery or correction plans, the project was suspended by mutual consent after 11 months.

IT Group’s Tony Sykes was instructed to provide expert opinion on the specification of requirements, progress on the delivery, variations to scope, reasonable industry standards, the service levels and standards, the design methodology and delay analysis.

In the judgment,  Lord Doherty noted that expert evidence provided by IT Group’s Tony Sykes was “measured and fair, and [Lord Doherty] found it to be of considerable assistance. For the most part, [Lord Doherty] found [Mr Sykes’} analysis and opinions to be much more persuasive, and much more in line with the facts as I see them, than Mr Aldridge’s views.

To read the full judgment, follow the link below.

Full judgment: David MacBrayne Limited Against ATOS IT Services (UK) Limited

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