A dog called Lulu: An everyday tale of promising too much and delivering too little: BSkyB v EDS

After some 18 months, judgment has finally been delivered in what had been billed as one of the most significant cases for the IT industry that the English Court has ever heard. The long-awaited judgment runs to almost 500 pages. Its lessons are by no means limited to those in the IT industry.

In brief, the High Court found that the IT supplier, EDS (now part of Hewlett-Packard), made fraudulent misrepresentations about its ability to deliver a project within the stipulated timescale when it pitched for a contract to design and implement a customer relationship management system for BSkyB. BSkyB’s claim for damages is still to be quantified but EDS has been ordered to pay BSkyB interim damages of £200 million.

In this seminar, we will review some of the key points and practical tips which emerge for both suppliers and purchasers (and their lawyers). These will include:

• Deceit and negligent misrepresentation
• Liability caps and limitation of liability clauses
• Entire agreement clauses
• Quantum of loss and damages
• Mitigation
• And, of course, a dog called Lulu!

Speakers

Andy Millmore, Head of Litigation
Sandi Simons, Partner
Rebekah Richards, Solicitor

Seminar Details

Delegates will be eligible for one hour of accredited CPD for this seminar. If you would like to register, please contact Julia Weiss.