Nigel Miller of Fox Williams, is one of the new Joint Chairmen of SCL. Laurence Eastham interviewed him to find out something more about him and to pursue some of the points raised in the recent letter to members….
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Of all the clauses in IT contracts, limitations of liability usually attract the most attention. This is not altogether surprising; IT systems are frequently of a ‘business critical’ nature, such that defects or defaults in performance can often give rise to significant losses, which will equally often be out of proportion to the levels of fees. Kit Burden of Barlow Lyde & Gilbert focuses on the Horace Holman case and re-evaluates its importance….
Jeremy Warner of Biggart Baillie examines the latest developments in software licensing. He considers in particular the effect Softman v Adobe might have in influencing the relationship between the software industry and end users….
John McKinlay looks at the particular issues to be considered in negotiating and advising on software development contracts in the games industry. John acts for VIS Entertainment plc, developers of the chart-topping State of Emergency game….
The recent EGM saw some major management and constitutional changes which enhance the SCL’s ability to implement its new strategy. New Trustees have also been appointed….
In the August/September edition of Computers & Law, Amanda Kearsley and Nick Rudgard explored the difficulties of reconciling the principles of disclosure under the Civil Procedure Rules (CPR) and the disclosure of personal data under the Data Protection Act 1998 (DPA) arising from the case of Totalise plc v The Motley Fool Limited and Interactive Investor Limited (2001) P&T 764. In December 2001, the Court of Appeal overturned the costs order made at the original hearing and set out the principles for the future. The new approach will have a significant impact on the position of organisations, such as Web site operators, from whom disclosures of information may be sought. This article reviews that approach….
If there is one constant that all businesses face throughout their life cycle, it would be managing legal risk exposures. Given the unique nature of information technology (IT) businesses, legal risk exposures can be particularly accentuated. The need to evolve a sound and proactive legal risk management framework as part of the enterprise’s legal strategy is becoming an imperative. A sound legal risk management framework should provide a seamless integration of legal contents or guidance with an IT-driven workflow process. Here expert systems can play an important role in the design of such legal risk management systems. Zaid Hamzah, CEO, Lexfutura (Global) and Managing Director, I-Knowledge Technologies, Singapore, provides a road map….
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Those who have dealt with a failed systems development project know that the complex legal and factual issues that arise represent a veritable ‘dripping roast’ for dispute lawyers. Coupled with the advent of the new Civil Procedure Rules in 1999, it is little wonder that dispute resolution clauses in IT contracts have become ever more prescriptive. We now often find disputes being categorised into technical, legal or commercial issues and to each is then applied an escalating range of medicines, from meetings between executives, to mediation, litigation or more and more frequently expert determination. Tim Toomey of v-lex questions this extended use of expert determination….
Read More… from Expert Determination – A Wolf in Sheep’s Clothing?
Web Site Hypocrisy I was always quite comfortable with the ‘do as I say, not as I do’ approach with my children but I suspect that it’s not going to cut it with SCL members. So it’s fine to direct your attention to the article so prominently displayed on the front cover (Web Site Design…
Can the legal system operate in new, innovative ways capitalising on what new technology has to offer? This is an abridged and edited version of Lord Justice Brooke’s speech at the Foundation for Science and Technology in December….
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