Information technology

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Information technology

Demand for technically aware and commercially astute lawyers, who can deliver innovative solutions to any technology related matter, has never been greater. This is where our IT team can help, providing specialist IT legal advice on software development, procurement of hardware, software and systems, licensing issues, systems integration and rebuilds, IT disputes, e-commerce, mobile devices, outsourcing, cloud computing, data protection and competition.

Our clients are suppliers and customers of hardware, software and telecommunications. All our lawyers have experience of a wide range of projects and are aware of issues that are likely to arise in a negotiation or dispute, and will help to achieve completion or settlement as quickly and cost-effectively as possible.

What we do...

Top end IT projects - matters relating to technology can be detailed and highly complex and we are becoming increasingly known for advising on large scale, business critical, IT transactions and disputes. We work in close partnership with our clients to deliver a tailored and responsive service that achieves our clients’ desired results.
Our people - we have a dedicated, national IT team, delivering the breadth of the technology offering clients require. Having spent time on secondment with major international technology focused companies we are well placed to provide advice from both a supplier and customer perspective.
Project management - we advise clients on multiple procurements of interdependent IT contracts, taking you through the process step by step.

Sector experience - our clients come to us from a range of different sectors - including retail, public sector, corporates, financial services, insurance, health and tech because they know we provide a full tech offering from systems integration to large scale outsourcing and cloud based solutions.
Risk management - we advise on the many risks and barriers that inevitably arise when adopting new technology, including proactively managing regulatory compliance, stakeholder and commercial risks. We can help when things go wrong – whether that requires advice to help get the project back on track or taking/defending court proceedings if no viable alternative exists. Many issues are resolved using alternative methods such as mediation and expert determination, often with relationships preserved and solutions delivered quickly and cost efficiently.

Recent experience

Advised a national charity on a critical new IT roll out that involved the replacement of its EPOS (Electronic Point of Sale) systems, financial software and related hosting and other services. This was part of a major overhaul of our client’s retail system and involved giving them flexibility on equipment, payment methods and use of mobile devices, as well as extra flexibility in terms of payments. Our advice involved structuring and negotiation of the deal, and the subsequent contract management, co-ordination of different suppliers and ongoing support – covering the whole process and made sure that a consistent process resulted in an agreement giving our client the flexibility and control that it needed.
Advised a national government body on the extension of an existing large scale complex IT services contract covering multiple IT service groups, such as, Data Centre & Hosting Services, Application Management Services, End User Devices, Networks & Telephony and Print Services. We also advised on certain service groups that will need to be removed from the scope of the extended contract prior to expiry, along with the complex pricing and the savings to be made across the service groupings under the restructured contract.
Advising Rapiscan Systems Limited and its parent, OSI Systems Incon patent infringement proceedings brought by American Science & Engineering and, at the same time, a revocation action at the UK Intellectual Property Office relating to one of Rapiscan’s backscatter x-ray detection patents. We were able to instantly provide them with a dedicated team which understands Rapiscan’s commercial and technical objectives, dealing with a dispute that is valued in excess of £10 million, listed with technical difficulty rating of 4, and with a five day trial listed for March 2016.
Advised one of the ‘big six’ energy suppliers in a claim for damages in excess of £30m against the main supplier of IT outsourced services for business-critical services such as on-line servicing bookings, virus/security protection and the system allowing trading on the energy futures market. We gathered large amounts of complex IT-related evidence and advised the main board on its strategy for the claim and for the potential termination of the contract.
Providing business critical advice to the National Audit Office on the replacement of its Oracle based Enterprise Resource Planning (ERP) system for HR, payroll and finance business related activities.
Advising Image Scan Holdings plc on its equity fundraising on AIM by way of a firm placing, conditional placing and directors' subscription.

What the directories say...

Very well-established corporate practice.

Chambers 2022

Positive, knowledgeable and supportive, they engage well with the client.

Chambers 2021

We’ve worked with other practices that provide sound legal inputs but using the BJ team is like using binoculars after using an eye-glass: you get depth and advice in the round. Because the IT and telecoms practice knows the legal framework AND matches that with knowledge of IT systems they provide pragmatic and trusted advice that addresses our needs (and mindful of our Suppliers’ approach).

Legal 500 2021

A client says: "They are flexible, responsive and commercial."

"Their client service is really good," adds another. "They act as a team and everyone roots for you. They take a strategic view and are not just fixated on nailing the other side."

A client notes: "They offer excellent commercial advice at competitive rates."

Chambers 2020

Team is well-regarded for high-profile outsourcing transaction.

Legal 500 2020

One interviewee says: 'They've been reactive, straightforward to deal with and they don't beat around the bush. It's just candid advice, which is what we want.'

Chambers 2018

Related resources

Legal updates

Supreme Court clarifies approach to liquidated damages clauses

The recent decision of the Supreme Court in Triple Point Technology, Inc. v PTT Public Company Ltd [2021] UKSC 29 has brought long-awaited clarity to the proper approach to the interpretation and application of liquidated damages clauses where works under a contract are delayed and the contract is terminated before the works are completed.

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Common contractual pitfalls and what you can do to avoid them

During this short webinar our experts will deconstruct the most typically occurring contractual disputes.

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Legal updates

Neocleous and another v Rees [2019] EWHC 2462 (Ch)

Following a dispute over a right of way, the parties’ solicitors agreed in an exchange of emails (constituting a single email chain) to compromise the dispute by the defendant (R) transferring to the claimants (N) a small piece of land adjacent to Lake Windermere.

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Parallel Imports - what brand and IP owners need to know

Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.

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