Bulletins
Computer Law Reports - May 2007
Pinsent Masons Computer Law Reports provide a regular digest of recent cases and developments affecting the IT industry and e-commerce. Case reports are written by our dedicated IT disputes team. Each report provides a concise explanation of the facts of the dispute and the court's judgment.
We also provide a commentary on the implications of the judgment, focussing on practical issues and on how the law may develop in future. In addition, our editorial discusses topical issues and our practice notes and news round-ups keep readers up to date with developments relevant to the industry.
Use the relevant links below to view individual articles or click here to download the current issue of the Pinsent Masons Computer Law Report.
Vertex Data Science Ltd v Powergen Retail Ltd
In this case a business process outsourcing service provider responded to a notice of termination from its customer by seeking an injunction to prevent the customer from terminating the contract and from otherwise hindering the service provider's continued performance.
Dalkia Utilities Services plc v Celtech International Limited
A case concerning a long term construction and financing agreement, and whether the non-payment of the contractor's invoices for three consecutive months amounted to material breach permitting termination.
I-Way Limited v World Online Telecom Limited
An inconclusive case about the effectiveness of a clause which provided that a contract could only be varied by following a prescribed procedure.
Director of Public Prosecutions v Lennon
This case, an appeal by the DPP against a finding that the Defendant had no case to answer, examines whether a "mail bombing" attack can constitute an offence of unauthorised modification under s.3 of the Computer Misuse Act 1990.
Computer Law Reports - February 2006
Viasystems v Thermal Transfer
A potentially significant decision for outsourcing contracts, this case establishes that, contrary to popular opinion, dual vicarious liability can apply in an employment situation. David Barker considers whether outsourcing customers really are passing all responsibility to the supplier.
Clearsprings Management v BusinessLinx
Should a term be implied into a software contract giving the claimant an exclusive licence to use and resell the software? Clearsprings serves as a distinct reminder of the need to set out who will own commissioned software clearly and unambiguously. Sarah Hambury reports.
Shawton Engineering v DGP International
In this construction case the Court of Appeal examined the circumstances in which a contracting party may terminate a contract for delay in performance by the other party. Robert Graham explains how similar principles apply to IT contracts.
Filobake v Rondo
Vicky Cooper considers how a case about making pastry for samosas can offer some interesting guidance on how contractual specifications will be interpreted.
Round Up
David McIlwaine considers the hot topic of copyright infringement via peer-to-peer file sharing in Polydor v Brown and explains how the new TCC Guide has been interpreted by the Court in Alfred McAlpine Capital Projects v SIAC Construction.
Pinsent Masons' Project Review
Delivering successful ICT projects is notoriously difficult. There are many high profile project failures, and other less public projects end without satisfaction for both customer and supplier. Pinsent Masons has one of the UK's largest IT legal teams, with around 100 IT lawyers and 15 years' experience of working with both suppliers and users to ensure that projects succeed.
Computer Law Reports - July/August 2005
For the July/August edition of the Computer Law Reports, please click here to download the complete issue or follow the links below to access the individual topics:
Editorial
The Law Commission has published its long awaited proposals for new legislation regulating unfair contract terms. David Barker and Sarah Wood discuss what the proposed changes mean for suppliers.
Peregrine v Steria
The Court of Appeal has upheld HHJ Seymour's decision in the TCC. In doing so it has provided valuable guidance on (1) when termination for breach is justifiable and (2) the vexing question of how waiver operates in long term IT projects. Vicky Cooper reports.
British Horseracing Board v William Hill
In a judgment which may put an end to this long running saga, the Court of Appeal has followed the ECJ's ruling on the application of the database directive. David McIlwaine provides an update.
New Draft TCC Guide
Changes are afoot in the TCC. Robert Graham explains the proposed introduction of a pre-action protocol for IT disputes, new guidelines on how cases are to be managed and a new system for allocation of Judges.
Computer Law Reports - March 2005
For the March edition of the Computer Law Reports, please click here to download the complete issue or follow the links below to access the individual topics.
Editorial
The National Audit Office Report "Failing IT Projects" " provides an in-site into the common causes of failure of government IT projects. The report also sets out the steps being taken by the OGC to improve delivery of projects. David McIlwaine investigates.
The British Horseracing Board and others v William Hill
What constitutes a database right? Sara Rowan considers the questions referred to the ECJ by the Court of Appeal in this eagerly followed case and assessesthe decisions of the ECJ and the impact for database owners.
Sony Computer Entertainment Inc v Gaynor David Bell
Robert Graham investigates the first case to have been brought under the new anti-circumvention provisions of the Copyright, Designs and Patents Acts 1988, as amended to implement the EU Copyright Directive, and considers how these new provisions may reduce copyright infringement.
Apple Corps Ltd v Apple Computer Inc
In the age of e-commerce and contracts being formed at a distance, can a contract be formed in two places? Sarah Wood explains the reasoning behind Mann J's recent assertion that it is certainly possible.
Round up
Vicky Cooper discusses the impact of two recent questions considered by the courts:
- Can business logic be protected by copyright in an IT program?
- Applying pressure or harassing?
