19th February 2021

The Technology & Construction Court has handed down judgment in the case of CIS General Insurance Ltd v IBM United Kingdom Ltd today, 19th February 2021. The claimant sought c.£130m in damages after the failed implementation of a new IT solution for the sale and servicing of general insurance products. Identified by The Lawyer as one of the ‘Top 20 cases’ of 2020, the case involved a hotly contested 8-week trial of liability and quantum, with 19 factual witnesses, 5 experts and hundreds of pages of submissions on intricate legal, factual and technical issues.

Wider practitioners will be interested in today’s judgment, particularly for its treatment of ‘pay now, dispute later’ clauses and the exclusion of ‘wasted costs’.

Counsel from 4 Pump Court were instructed on both sides of the dispute. Alex Charlton KC (together with Lawrence Akka KC and Michael Lazarus) was instructed on behalf of the claimant by Addleshaw Goddard LLP. Nigel Tozzi KC, Matthew Lavy and Iain Munro were instructed on behalf of the defendant by CMS LLP.

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