Technology and Commercial Contracts Update

Landmark decision in the case of BSkyB v EDS

The London Technology & Construction Court (a division of the English High Court) yesterday issued judgment in a long running case between BSkyB and Electronic Data Systems (now HP Enterprise Services). This is one of the most noteworthy IT cases to come before the courts. While the decision does not change the laws of Ireland and is not binding on Irish courts it would be of persuasive effect before an Irish Court. However, the lengthy judgment provides analysis of common risks associated with competitive bidding and with time and cost critical projects, in the technology sector and beyond. It provides invaluable insight into how a court is likely to approach contested pre-contractual representations and how they might be mitigated by bid teams and their advisers.