IT disputes

Bristows is trusted by leading providers of information technology services and their customers to help them manage the issues that arise when their commercial relationships have stopped working.

We deal with projects which are delayed or when there are disputes about the required scope, quality and standards. Our expertise includes contract management, effective escalation and problem solving. We have deep experience in the issues that often arise in these contracts, such as:

quality and delay disputes
scope change
change management
development methodologies
issue escalation and exit
software copyright and licensing
data loss
breach of confidence.

With experts in software licensing, projects and services, our team is known for its ability to get a grip on demanding and technically difficult disputes. We have years of experience handling some of the largest and most complex cases. We support our clients by helping them to identify and manage risks early, to anticipate change and to make the most of their contractual or commercial positions, including through renegotiation or formal legal action.

We also specialise in commercial issues relating to the provision of services and online platforms, such as liability for copyright infringement and the regulatory and jurisdictional points which often arise in the context of claims involving internet companies and websites.

Whilst we are experienced litigators, our starting point is to explore our clients’ commercial options and how to resolve a dispute before it escalates.

We use advanced technology and reporting tools to help our clients to get an early understanding of their position so that they can proactively develop strategies to match their risk appetite and commercial objectives.

Experience

Pursuing software licence claims: Acting for a software vendor to pursue its audit rights in respect of various disputes involving strong evidence of software misuse.

Acting for a software vendor to pursue its audit rights in respect of various disputes involving strong evidence of software misuse.

We drafted the terms of access for the vendor and engaged with experts to ensure that the evidence of the software misuse was properly and independently captured. We commenced proceedings and, using the threat of injunction, managed to obtain undertakings to prevent further software abuse and to disclose relevant information. This material formed the basis for a settlement shortly thereafter.

Software project dispute: Acting for a major manufacturer in respect of a dispute arising from the supplier's failure to deliver software relating to the identification and tracking of inventory.

Acting for a major manufacturer in respect of a dispute arising from the supplier's failure to deliver software relating to the identification and tracking of inventory.

The supplier had threatened to stop work unless payment was made, which was a serious breach (a renunciation) of the agreement. We helped our client to terminate the agreement for breach and worked with them to negotiate favourable exit terms.

Renegotiating disputed payments in an ongoing project: Helping a client that was owed a very large sum of money by its customer, and whose ability to meet its commitments to pay its subcontractors was thereby threatened.

Helping a client that was owed a very large sum of money by its customer, and whose ability to meet its commitments to pay its subcontractors was thereby threatened.

Our client bore the contractual risk of non-performance and its subcontractors were threatening to suspend work. We worked with our client’s finance director and in-house legal team to create a business case to persuade the customer that, by withholding payment, its actions would ultimately be self-defeating. In parallel, we also prepared formal notifications warning the subcontractors that they were not entitled to suspend performance and to inform the customer that non-payment was a material breach of contract.

We then worked with our client to agree a settlement which changed the scope of the project, and introduced firmer deadlines and payment commitments. Our client obtained the overdue payment and we drafted the settlement terms to define the agreed steps and to settle the outstanding disputes.

Inquisitive Minds: IT disputes insights

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What others say

“Known for its life sciences, pharma and engineering expertise, the team at Bristows LLP is praised by clients for its depth of commercial knowledge and ‘impeccable service’. Wielding specialist proficiency in regulatory issues such as intellectual property rights, competition and tax law, and data protection, the group are able to handle the full range of commercial issues.”
Legal 500 2025

“They offer an excellent service – good and pragmatic/commercial legal advice coupled with good client-relationship management.”
Legal 500 2025

“Very good at the intersection of commercial and IP disputes – and a dynamic, friendly and efficient team.”
Legal 500 2025

“Bristows is a very good firm, particularly in coordinating multi-jurisdictional litigation. They have a good network of colleagues across Europe.”
Chambers and Partners Europe 2024

“They are really great, client-centric, and very knowledgeable about the industry. The Bristows team comes up with pragmatic solutions, and adds a personal touch to advice. They have a solid team across the board. I do not see them as just there to make a profit. They are efficient and true partners.”
Chambers and Partners Europe 2024

“They have a clear understanding of what our business wants to achieve and that underpins all their advice. They know when to involve the business stakeholders and are able to tailor their approach to that audience and suggest solutions that take key business drivers into account.”
Chambers and Partners 2024

“Bristows has a comprehensive IT practice with powerful resources for major commercial transactions and complex litigation. It advises many of the world’s leading technology companies, and also sophisticated blue-chip buyers of IT services. It is especially adept at providing counsel on the most current and cutting-edge issues in the technology space. Bristows houses experienced advisers on digital advertising and cloud computing matters.”
Chambers and Partners 2024

“Notable experience in commercial disputes involving the technology, life sciences and consumer products sectors.”
Legal 500 2024

“Their advice is always practical, realistic and adaptable.”
Chambers and Partners 2023

“Bristows have an incredible depth and breadth of experience.”
Chambers and Partners 2023

“Bristows has a comprehensive IT practice with powerful resources for major commercial transactions and complex litigation. It advises many of the world’s leading technology companies, and also sophisticated blue-chip buyers of IT services. It is especially adept at providing counsel on the most current and cutting-edge issues in the technology space.”
Chambers and Partners 2023

“With their wealth of experience, most questions can be handled with a quick call.”
Legal 500 2023

“I value the practical nature of the advice the team gives.”
Legal 500 2023

“The media and entertainment team at Bristows combines the best of in-depth practice area knowledge with pragmatic, client-focused advice. They are a fantastic extension of our in-house legal team, and whenever I reach out to them, it always makes life easier.”
Legal 500 2023

“A renowned expert on issues arising around advertising and brand protection.”
Legal 500 2023

Information Technology & Outsourcing - Band 1

IT and Telecoms - Tier 1

Artificial Intelligence

IT and Telecoms - Tier 1

Telecommunications - Band 4

Commercial Litigation (mid-market) - Tier 3

Key contacts

Mark has approaching 30 years’ experience handling complex contract and tort disputes at all levels of the English courts and in ad hoc and institutional arbitrations. Mark’s clients include corporations operating in industry sectors including <a href="https://www.bristows.com/expertise/sectors/life-sciences/">life sciences</a>/pharma, information <a href="https://www.bristows.com/expertise/sectors/technology/">technology</a> and digital media. He is highly experienced in both court litigation and arbitration, as well as managing and resolving commercial disputes before they reach court or an arbitral tribunal. Mark’s disputes expertise in the life sciences sector runs across a variety of sector-specific contracts relating to IP-rich assets and highly technical subject matter, ranging from licences and collaboration agreements to supply and distribution contracts. He also experienced in product liability and misuse of confidential information disputes. His clients include several household name pharmaceutical companies. Mark’s life sciences experience includes: <ul> <li>Representing a pharma company in a licence royalties claim for the development of a monoclonal antibody blockbuster drug.</li> <li>Acting for a pharma company in a contested termination of a contract for the manufacture and supply of a licensed active pharmaceutical ingredient and failure to comply with “reasonable endeavours” obligations under a licence, development and commercialisation contract.</li> <li>Representing a pharma company in a claim against a CMO for breaches of a technical quality agreement and GMP guidelines for out-of-specification API batches.</li> <li>Advising a biotech company concerning breaches of work orders under a master services agreement for the conduct of clinical trials.</li> <li>Acting for a pharma company in a claim of misuse of confidential information relating to the formula of an active pharmaceutical ingredient.</li> </ul> Mark’s tech, media and telecoms experience includes: <ul> <li>Representing global advertising and media company, WPP, in a dispute over breaches of a share purchase agreement concerning a cutting-edge programmatic platform placing £billions worth of digital advertising annually.</li> <li>Representing the UK’s telecoms regulator Ofcom to enforce regulatory fines for breaches of the Broadcasting Code.</li> <li>Acting for leading gaming developer/publisher, Activision Blizzard, in obtaining first English court injunction restraining the use of “cheats” and “bots” in the digital gaming environment.</li> <li>Acting for leading telecoms and cloud communications company in a wrongful termination contract dispute with the principal Algerian mobile network operator relating to an MSA for connecting international application-to-person messaging.</li> </ul> Mark runs Bristows’ Groupe Juridique Francophone, which provides a full range of legal services to French and Francophone companies with commercial interests in the UK. He speaks fluent French and Italian. Mark is a member of The Association for International Arbitration.

Mark Brown

Partner – Commercial disputes

Mark is a partner in Bristows’ commercial disputes team. He handles complex…

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Anna has more than 25 years’ experience in commercial disputes, particularly disputes arising from technology contracts, including: <ul> <li>leading the teams in some of the largest IT and outsourcing disputes, including two leading cases, <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2010/3276.html">De Beers -v- Atos Origin</a> and <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2024/1185.html">Tata Consultancy Services v Disclosure and Barring Service</a>; </li> <li>advising both vendors and customers about managing change and how to rescue a “troubled project”, including the handling of contentious issues arising from delay, payment obligations and the availability of contractual remedies;</li> <li>addressing issues and risks relating to the licensing of technology, the enforcement of software audit rights, copyright infringement, misuse of confidential information and the availability of injunctive relief and other remedies; and</li> <li>advising technology clients about risk and commercial options, how to improve difficult relationships (especially long-term contracts), how to navigate legal structures and how to achieve negotiated solutions.</li> </ul> Anna’s expertise includes litigation in the High Court and Court of Appeal as well as mediation, expert determination and adjudication. She also has extensive experience in international arbitration. Anna’s recent experience includes: <ul> <li>Leading the large team acting for the DBS in <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2024/1185.html">Tata Consultancy Services v Disclosure and Barring Service.</a> This case was identified by The Lawyer as one of the Top 20 cases of 2023 and the judgment revolves around key issues affecting many IT projects, such as delay, limitation and exclusion clauses and other remedies.</li> <li>Acting for CityFibre in <a href="https://www.bailii.org/ew/cases/EWHC/Comm/2024/1694.html">CityFibre Limited v GCI Network Solutions Limited</a>, a dispute about the interpretation of a contract and obligations of cooperation.</li> <li>Acting for a software vendor in respect of a portfolio of cases involving breaches of its reseller agreements and instances of software infringement, including the enforcement of audit rights.</li> <li>Advising various telecoms clients in respect of disputes about infrastructure projects, contracts for the promotion of services, rights of access and wayleave agreements and the termination of contracts for the supply of goods and services.</li> <li>Acting for publishers and advertisers in respect of various adtech disputes including claims about commissions, the reliability of algorithms and Vickrey auctions, referral marketing and affiliate programs and disputes about the quality and availability of services.</li> <li>Acting for technology vendors in two international arbitrations relating to the misuse of software and the circumvention of software/technical protections, including enforcement proceedings in various jurisdictions.</li> <li>Acting for various financial institutions in respect of claims by software vendors that legacy software was being misused, including disputes about audit, the virtualisation of hardware and “direct and indirect” usage.</li> </ul> Anna has long-standing experience in retail, logistics, supply chains and distribution contracts, both in the context of disputes, technology projects and also to advise clients about the “end-to-end” risks and commercial considerations.

Anna Cook

Partner – Commercial disputes

Anna Cook is the head of the commercial disputes team. She specialises…

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Wes is an experienced and trusted adviser to clients facing high-stakes commercial disputes. He aims to give commercial advice that is clear and to-the-point, with a view to being an extension of the in-house client team. He has a particular focus on clients operating in the life sciences sector and regularly works on cases involving complex technical subject matter. Wes’ recent experience includes: <ul> <li>Advising in connection with an appeal of a $1bn London-seated arbitral award for a major household name under ss. 67 – 69 Arbitration Act 1996. </li> <li>Advising in relation to a stock-out situation of critical medicines in a major Latin American economy, including the response to local public-interest litigation.</li> <li>Acting for the Touchlight group of companies in the defence of entitlement claims before the Patents Court concerning their core synthetic DNA manufacturing technology, dbDNA, securing a complete dismissal of all claims following a three-week trial.</li> <li>Acting for a global aerospace business in connection with claims for breach of a call option agreement and breaches of an exclusivity arrangement for the supply of complex parts. Successful in recovering ca. $120m following a four-week trial in the Commercial Court.</li> <li>Defending a Japanese pharmaceutical company in an ad hoc arbitration seated in London in connection with the development and subsequent commercialisation of a blockbuster monoclonal antibody therapeutic. Quantum in excess of £100,000,000.</li> <li>Acting for the world’s largest advertising group in defence of a claim concerning the meaning and effect of an earn-out provision in a sale and purchase agreement for complex software responsible for administering programmatic advertising campaigns. Trial in the Commercial Court. </li> <li>Acting for a global technology brand providing specialised mining systems and equipment in an ICC arbitration seated in London in connection with alleged breaches of contract and intellectual property infringement in multiple jurisdictions.</li> <li>Acting for a major global electronics manufacturer in an ICC arbitration seated in London in connection with alleged breaches of a licensing agreement for the supply of chips.</li> <li>Defending a South African sales and merchandising company in an arbitration concerning the meaning and effect of various commercial contracts.</li> <li>Acting for a life sciences business in dispute with its CRO over the running of Phase II clinical trials.</li> <li>Advising an aerospace manufacturer in connection with a series of disputes with airlines over the supply of parts.</li> <li>Acting for an IT services provider against HM Government in connection with historic claims of significant overcharging (ca. £70,000,000) under a long-term IT services contract.</li> <li>Acting for an IT services provider faced with complaints of producing allegedly faulty code during the implementation of a complex IT system.</li> <li>Advising an app developer in connection with claims for indemnification arising out of alleged breaches of third-party intellectual property rights.</li> <li>Advising an IT services provider in connection with quality complaints arising out of the development of a bespoke IT system.</li> </ul> Wes trained and practised at a magic circle firm and at a leading US firm before joining Bristows in 2017. Wes speaks English, German and Welsh.

Wes Walker

Partner – Commercial disputes

Wes is a partner in Bristows' commercial disputes practice and is an…

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Angela Fouracre

Partner – Commercial disputes

Angela specialises in the resolution of commercial disputes, with particular expertise in…

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Meet our team

IT disputes

Experience

Acting for a software vendor to pursue its audit rights in respect of various disputes involving strong evidence of software misuse.

Acting for a major manufacturer in respect of a dispute arising from the supplier's failure to deliver software relating to the identification and tracking of inventory.

Helping a client that was owed a very large sum of money by its customer, and whose ability to meet its commitments to pay its subcontractors was thereby threatened.

Inquisitive Minds: IT disputes insights

What others say

Recent rankings and awards

Information Technology & Outsourcing - Band 1

IT and Telecoms - Tier 1

Artificial Intelligence

IT and Telecoms - Tier 1

Telecommunications - Band 4

Commercial Litigation (mid-market) - Tier 3

Commercial Litigation (mid-market) - Tier 3

Key contacts