What are the principles that underpin an effective expert report? What practical considerations help to ensure it withstands scrutiny? At what points do instructing solicitors interact with it? In modern dispute resolution, whether in the courts, arbitration, adjudication or specialist tribunals, the expert’s report remains the cornerstone of technical evidence. It is the expert’s primary…
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What role may an expert advisor usefully play early in proceedings and where is caution needed?
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Some aspects are likely to be obvious, such as a deep technical knowledge of the relevant technical field. It is unlikely that any one individual will excel in all. What should be considered in selecting and assessing a candidate? A Privileged Position Lay witnesses are required to testify on matters within their personal experience, ideally…
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Methods for delay analysis were largely developed for construction projects. That was fine for IT under waterfall delivery, but the strain is starting to show as agile and other iterative methods dominate. What are the implications for your clients’ projects? This article designed for IT lawyers is an abbreviated form of the paper “Delay Analysis…
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Projects are not always delivered on time. Delay can give rise to disputes. There are accepted methods developed in the construction industry that are frequently deployed in relation to disputed IT delay. Changes in approach to technology projects to favour iterative delivery over traditional waterfall projects render construction delay methods increasingly inappropriate. This paper examines…
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A primer on software testing for contentious and transaction lawyers. Types of testing, what it aims to do and how to use this knowledge in contracting and disputes.
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How software is designed and built. Its effect on value to a customer. Waterfall, agile and hacking. Iterative design and delivery and the benefits of iteration.
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What can a customer do when drafting a contract to insulate against the risk of failure? How to implement operational measures in delivery? What can an expert do to clarify the issues for the court?
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The implications for those seeking redress in disputed digital transformation programmes. Characteristics of digital transformation. Analysing failures to determine cause.
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A book review. This is a guide for those charged with making decisions in court, a tribunal or other formal decision-making environment.
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