Service Contracts: New Forms of Liability

Little has been made in the IT law world of some recent case-law that has nonetheless caused great controversy in the ordinary law of contract. Richard Stephens of Masons looks at some aspects of this law and notes how it could apply in particular to outsourcing contracts (or indeed to any other service contract). Of concern also is the impact on words and phrases commonly used in drafting limits and exclusions of liability…

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Claims for Wasted Management Time in IT Implementation Disputes

The Holman case has once again highlighted the risk of claims against suppliers for wasted management time in IT implementation disputes. Tim Strong, partner in the IT dispute resolution team at Barlow Lyde & Gilbert, reviews the development of claims of this nature, taking a look at some of the general principles applied by the courts in assessing damages….

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E-government

Rosemary Mulley provides an introduction to the main issues surrounding e-government – modernisation and electronic delivery of all public services by 2005. She makes it clear that e-Government is about transformation, not computers and hints at the special legal issues which may arise….

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Limitations of Liability – Which Way Now?

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….

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