Information Technology

Members of Chambers are regularly instructed in large IT disputes and commercial litigation – often involving a technical subject matter.

 In addition to mainstream contractual disputes concerning the development of new I.T. systems, our barristers frequently act in disputes concerning software licensing, software copyright infringement, patenting of computer software and computer-implemented inventions, and trade marks for software and hardware.

Many members of chambers have a science, engineering or computer science degree, and several have post-graduate degrees in science or engineering. As such, they are well suited to dealing with the technical details that arise in these cases, and can engage knowledgably with the experts, which facilitates all stages of the dispute, from settling the initial pleadings to cross-examining the experts more effectively.

Our increasing strength in I.T. is illustrated by the following significant cases that our members have been involved in over the last 24 months:

VLM –v- Ravensworth – An important case which decided that in certain circumstances a sub-licence is capable of surviving the termination of a head licence. 

Golden Eye –v- Telephonica UK Limited - Widely publicised case on the unlawful use of copyright material (Norwich Parmacal order). Guy Tritton was instructed by Consumer Foucs.

SAS Institute Inc –v- World Programming Ltd – An ongoing substantial claim about software copyright infringement (partial judgment in summer 2010).  The High Court has referred a number of questions to the Court of Justice of the EU. 

Codemasters -v- Automobile Club de l’Ouest – An ongoing software licensing dispute about a Le Mans 24 hr driving game.

Members of chambers have been instructed in other substantial I.T. matters, but it is not possible to give details because they are confidential.  In general terms this has included pre-action advice, and appearing in confidential arbitrations.

"The barristers at Hogarth Chambers are ‘effective and business like' and ‘do their best to make themselves available," (Legal 500 2014).

"The IT barristers at this set distinguish themselves through the ease with which they handle the technical side of IT cases. Having honed their skills on numerous IP cases over the years, they are a trusted resource for many of the lead solicitors in the field. Adept at all manner of cases, they prove particularly good at disputes concerning copyright infringement, software licensing and the patenting of computer software. They are clerked by individuals who are "helpful, approachable, commercially minded and appropriate in their suggestions and guidance on which barrister to instruct," (Chambers & Partners 2012).

 

Related Barristers

Alastair Wilson QC | Roger Wyand QC | Anthony Watson QC | Micheal Hicks | Guy Tritton | Richard Davis | Andrew Norris | Jeremy Reed | Tom St Quintin | Benjamin Longstaff | Jonathan Moss | Charlotte Scott