Independent software expert providing technical discovery, root-cause analysis, and expert witness services for IT system disputes and litigation under CPR Part 35.
Software projects that fail, lead to disputes, or cause commercial loss raise questions that demand technical answers. I work at every stage — from early technical discovery before Pre-Action Protocol, through PAP evidence exchange and settlement negotiations, to formal expert witness instruction and trial.
Typical Scenarios
- Failed software implementations and missed go-live dates
- Outages and data loss following rushed releases
- “Fit for purpose” disputes with software suppliers
- Failed system integrations and data migrations
- Source-code ownership and IP disagreements
- Inadequate testing or QA contributing to commercial loss
When to Instruct
One dispute, three stages. What is possible at each depends on the evidence available to you at the time.
Pre-Litigation, before PAP
Most disputes begin here. You suspect technical failure but need to establish the facts before committing to PAP or litigation. I conduct technical discovery with whatever evidence you have — contracts, project documentation, correspondence — to determine causation and assess case strength.
PAP Stage
Once you’ve decided to pursue the claim, I advise on technical aspects of your Letter of Claim, help identify what technical evidence to request, and analyse evidence exchanged under PAP obligations. Exchange typically provides access to materials neither party held alone, and my analysis of it informs settlement negotiations and litigation strategy.
Sometimes one party controls critical technical evidence — production systems, code repositories, or infrastructure logs — and may refuse adequate access. I help you identify what’s missing, explain why it matters, and support applications under CPR 35.9 for court-ordered access where necessary.
After Proceedings Commence
Standard disclosure and any court-ordered technical access provide fuller evidence. Advisory work transitions to formal CPR Part 35 expert witness instruction: I prepare expert reports, respond to Part 35 questions from both parties, participate in expert discussions to narrow issues, and attend trial to give oral evidence if required.
What Is Technical Discovery?
Technical discovery is the systematic investigation of software systems, codebases, and delivery processes to determine how and why a project failed.
Working with whatever evidence is available — contracts, emails, project documentation, and any technical materials available — I assess:
- The likely causation timeline and liability
- Whether the software met requirements and industry standards
- What technical decisions led to failure or loss
- Whether the failure was due to poor engineering practice or other factors
Typical activities include:
- Reviewing requirements, architecture, and test documentation
- Analysing source code, deployment logs, and change histories
- Identifying deviations from accepted engineering standards
- Mapping the sequence of events leading to failure or loss
- Preparing factual reports suitable for inclusion in PAP correspondence, mediation, or court proceedings
The result is a concise technical analysis that helps you decide whether to pursue the claim and, if so, what technical evidence to request during PAP.
How I Work
- Instruction & Scope Definition I clarify the technical questions at issue and align the work with where you are in the dispute.
- Evidence Collection I work with whatever evidence is available at your stage of proceedings, from limited client-held documentation to full disclosure.
- Technical Discovery & Analysis In-depth examination of design decisions, development practices, deployment evidence, and industry standards to determine causation and assess technical liability.
- Reporting & Debrief Delivery of clear findings written in plain English, to a standard that can transition to formal CPR 35 expert witness instruction if proceedings commence.
Deliverables
Pre-Litigation (before PAP)
- Technical Discovery Reports assessing causation and case strength
- Evidence gap analysis identifying what technical evidence to pursue
- Advisory memoranda for solicitors on technical liability and risk
PAP Stage
- Technical review of exchanged evidence
- Advisory on technical aspects of Letters of Claim and Response
- Support during settlement negotiations
- Identification of missing technical evidence
Expert Witness Services (CPR Part 35)
- Expert Witness Reports compliant with CPR Part 35 and Practice Direction 35
- Responses to Part 35 questions from instructing and opposing parties
- Attendance at expert discussions and preparation of joint statements
- Sequential or supplementary reports following disclosure or expert meetings
- Court attendance and provision of oral evidence at trial
Professional Standards
All work is conducted in line with:
- Civil Procedure Rules Part 35 and Practice Direction 35
- Civil Justice Council Guidance for Experts (2014)
- Technology and Construction Court Guide
- National Justice Compania Naviera SA v Prudential Assurance Co Ltd (“Ikarian Reefer”)
All opinions expressed are independent, impartial, and based solely on my professional expertise and the factual evidence before me.
Expert witness reports are addressed to the court and contain all mandatory statements required by CPR Part 35, including confirmation of understanding of duties to the court and compliance with the overriding duty to assist the court on matters within my expertise.
Instructions may be accepted on a party-appointed basis under CPR Part 35, or as a single joint expert under CPR Part 35.7 where both parties have agreed on the appointment. Each appointment basis carries the same duty of independence to the court. I treat single joint expert appointments with particular procedural care, given the heightened responsibility of serving both parties.
Contact
For a confidential, no-obligation discussion about a software or IT dispute, please get in touch. I work with solicitors, businesses, and claims teams across the UK, providing independent technical discovery and expert witness services under CPR Part 35.
Enquiries are welcome at any stage, from early pre-action assessment through to final hearing and/or settlement negotiations.