LITIGATION WORK (summary for publication)


TR A substantial report was written for IHRM of RJ&S. A petrol station was sold a completely unsuitable accounts and stock control package by a salesman from an international computer manufacturer, who were prevaricating. I believe the vendor made an improved offer of compensation.

MC A substantial report was prepared for MS of BR&Co. A fashion retailer was sold stock control and counter sales system which could not cope adequately with the wide range of sizes and colours in dresses. Unfortunately vendor went into liquidation before a conclusion was reached.

HH Preliminary Investigation for JGT of K&S who was defending a one man dealer who was being sued by a large local firm who probably knew more about what they wanted than he did and had taken him for a ride! However a renewal of Legal Aid was refused.

RZ Preliminary report prepared for DAH of VO&M. Settlement achieved in favour of my client, a subsidiary of a multinational corporation whose suppliers failed to analyse and program their special requirements properly.

GG Local builders' merchant completely disillusioned with the system provided by a local branch of a national software house. It would not do certain crucial functions. He would not pay their bill and they would not talk to him further. I spent some two hours in discussion with client and staff and discovered exactly what the problem was and spent a further four hours talking to the software house explaining the jargon of the building trade after which, they produced a modification at little cost to client and both were fully reconciled !

SY Inspection carried out on instructions from JHS of JB acting for a small business who were being sued for payment by their local micro dealer. The client was dissatisfied with the training and advice he had been supplied and had broken off relations. I felt he had actually received the bare minimum of what had been promised in the contract to that time and he should have been more flexible. I gave verbal advice and offered to mediate. My report indicated that he should not be expected to pay the full contract since he had not received the final installment but that he should pay for what he had received. Despite warnings from the solicitor, he continued with the case and the court agreed with my findings. Unfortunately that meant that my client had to pay all legal costs.

SH Solicitor had bought own system from national supplier. Unfortunately the software was not properly functioning for the work of a solicitor's practice. On receipt of my report, the Defendant agreed to rescission.

MC Detailed investigation and report prepared on instruction received from MC of BS&M. The system was giving erratic results, probably due to power fluctuations induced by major manufacturing company next door. Unfortunately I was not called in until the client had purchased an alter-native and more modern system. In view of my doubts, the client withdrew his claim.

YA Substantial report prepared on instructions from MA of BW&C. Once again, a small business overawed by a national salesman and sold something which could not cope with over-the -counter sales and stock control. I believe that the leasing company intervened and a settlement was reached.

BM Preliminary advice given on instructions from GB of CD&P. This was a dispute between two small local firms, as I recall, over some programming specification and implementation.

CC Detailed investigation and report prepared on instruction received from MB of DA&B. Gave verbal evidence in court. Settlement agreed. I was instructed by a local dealer who was suing the end user and a software house for the cost of the IBM-PC XT hardware that he had supplied. There were complex issues over contractual responsibilities.

PG Initial investigation at direct invitation of client about the lack of performance in his multi-user ICL kit. He was planning to sue a local VAR. I explored further and found an expert who could tune hardware and O/S at modest cost.

HG Detailed investigation and reports being prepared on instruction received from IHM of S&M. This was a 16 screen Unix based system which did not live up to the client expectations and indeed would have collapsed had I not intervened. I project managed the replacement system, including parallel running, whilst keeping the system going. I did both technical and paperwork searches and built up a substantial claim. Unfortunately the vendor proved to have insufficient resources to be worth pursuing the case. During the latter stages, the client took out a policy on my life for 100,000 !

AP Preliminary Report on sale of training course for programming to an unsuitable, gullible, punter. I believe an offer was made on receipt of my report.

OC  Three weeks intensive investigation into a 40 PC network which eventually isolated 5 PCs with faulty network card drivers disrupting other PCs.   Report showed internal IT department had considerable responsibility for not upgrading.

WM Detailed investigation of allegations of violation of copyright by a disgruntled ex-salesman. I garnered overwhelming evidence but the case was withdrawn for other reasons.

EU This was a case concerning the unfair dismissal of an employee. The case hinged on whether the letter of engagement dated April 1993 using Word Perfect had been forged later and I was able to prove, in court,  beyond reasonable doubt that it was genuine.

MW Preliminary Report on provision of custom built Lotus Notes Syetem which was inadequate and also subject of IPR issues. This helped to achieve a reconciliation.

FBDetailed Report on alleged incompatibilities between versions of Unix, versions of Tetra Chameleon and some tailored software in a warehouse, leading to a formal demonstration, stimulated both parties to settle.

FF Detailed report on poor functionality of sales order processing software for a mail order company.   Claim about to be issued.

KE Project Managed the resolution of a problem system in which symptoms of network failures were actually caused by Word 2000 macro toolbar.   Prepared a report for Counsel but system now working adequately without litigation.

FH detailed report on retail point of sale system which had not worked despite six months effort . continuing.

PL Disclosable report produced in 14 days on a sales order system for a manufacturer, importer and exporter that had been rejected during installation phase . proceedings in progress.

AP Disclosable report concerning disputed turnkey operation proceedings in progress.

MN disclosable report prepared jointly with expert appointed by other party about misunderstanding concerning disastrous repair proceedings in progress.


Colin's main CV

LITIGATION WORK (summary for publication)