Event alert: 'The Technology Contract' - Judgment in BSkyB v EDS

Law firm Teacher Stern LLP and industry body Intellect are hosting a seminar on 21 April that examines the implications of the BSkyB v. EDS judgment last January, where the broadcaster won damages from the HP-owned IT consultancy over a sales pitch for a multimillion-pound contract to implement a customer service system.

Subtitled ‘Sales talk, tenders and actionable misrepresentations – practical steps to avoid future unlimited claims’, the evening event focuses on salient parts of the judgment regarding the findings made in respect of fraudulent and negligent misrepresentation. Speakers will give advice on how to avoid and minimise commercial exposure to such claims, which are increasingly becoming part of litigation trends.

“The BSkyB judgment is arguably the most significant for the IT industry for well over a decade,” says Bill Molloy, partner and co-head Technology and Communications Group - Teacher Stern LLP, and one of the speakers at the event. “The allegations made by BSkyB included claims that EDS made both fraudulent and negligent misrepresentations during the tender process. BSkyB claimed approximately £700m.”

The judgment upheld some of the claims made by BSkyB - namely, that a fraudulent misrepresentation had been made by EDS during the tender process, and that a negligent misrepresentation had also been made by EDS.

The seminar’s headline speaker is Jeremy Storey QC (pictured above), Deputy judge of the Technology and Construction Court, High Court Judge, and Joint Head of 4 Pump Court, who specialises in contentious and non-contentious IT law. Bookings and enquiries through the contact points below.

“As fraudulent misrepresentation was established, damages were not limited to the agreed contractual limitation cap of £30 million,” explains Teacher Stern’s Molloy. “An ‘entire agreement’ clause failed to exclude liability for negligent misrepresentation. An interim award of damages of £200m has been made. It is likely that the final award of damages to BSkyB will considerably exceed this figure.”
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More information:

Bill Molloy at Teacher Stern LLP: email b.molloy@teacherstern.com, or telephone +44 (0)20 7611 4897)

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