Expert Witness

Instructed as technology expert witness in a high-profile UK High Court case regarding functionality of a large, bespoke electronic funds transfer at point of sale (EFTPOS) payment and accounting system. Analysed contemporaneous and legacy documentation to opine on the suitability of the development process adopted in construction of the system. Key issues included the robustness of the software and its functionality, adequacy of the support services alongside review of historic bugs and issues, and testing practices.

Instructed to provide expert opinion and assist insurers prior to settlement following an alleged breach of warranties resulting from the acquisition of a telecommunications business by another multi-national telecoms company. When agreeing on a price, several warranties were contained in a management deed in respect of IT-related issues, including Microsoft and Oracle software licensing, which the purchaser relied upon. Shortly after purchase, and following investigation, the purchaser alleged the warrantors were in breach of warranties made at the time of purchase.  

Appointed to provide expert technical advisory services for Lead Counsel in a long-running, complex UK High Court public sector technology case. The dispute surrounds the adequacy of a high-throughput electronic funds transfer at point of sale (EFTPOS) system and its various interlinking components and services. The exercise involved assessment of the contemporaneous evidence disclosed in order to ascertain whether hypotheses from the Defendant’s technical expert were valid.

Instructed in the High Court case AFD Software v DCML Ltd to investigate a licensing dispute involving software enabling access to the Royal Mail’s postcode database for use in the automotive industry. Investigations focused on software copyright infringement via the replication of proprietary source code in memory when using the software, the basis upon which a £14.1m claim was calculated, and analysis of technical validity of the argument.

Instructed to produce expert report to assess the fitness for purpose of a household appliance manufactured by a multinational company. Investigation concentrated on whether the semi-conductor device was faulty, whether it was being used outside its specification, and whether the designers and suppliers were entitled to reasonably rely upon the position that selected components should be able to fail in a safe manner, even if the design of the appliance was sub-optimal.

Instructed to provide IT and project delivery expert witness services in the case of David MacBrayne Ltd v Atos IT Services (UK) Ltd, held before the Outer House of the Scottish Court of Session, concerning failed implementation of a new ferry ticketing system for a fleet of 33 vessels serving 53 ports throughout Scotland’s Hebridean and Clyde islands. Following contract review, considered primary causes of delay and failure and key dispute issues, including delivery methodology (‘Agile’ vs. ‘Waterfall’).