Insights / IT & Technology

Failed IT Projects and Software Disputes: Instructing an Expert Witness

Most technology cases are won or lost on clarity: whether the tribunal can be shown, plainly, what the system did and why it failed.

2026-06-02 · 6 min read

Why technology disputes need translation

Technology disputes frequently fail or succeed on a single question: can the court be shown clearly what actually happened. Systems are complex, the documentation is partial, and both sides have an incentive to tell a tidy story. A good technology expert produces a defensible, plain-language account of events that a non-technical tribunal can follow, and that the other side's expert cannot easily dismantle.

Failed projects and software quality

Failed IT project disputes ask whether software was properly specified, built and delivered, and where the failure originated: requirements, methodology, project management or acceptance. Software architecture and code review brings independent examination of the codebase itself, addressing design quality, defects and maintainability. Software IP disputes compare code and systems to address ownership and copying.

Data breaches, cloud and forensics

Data breach and cyber claims turn on what happened, how, and whether the security controls were adequate, against the expectations of the Information Commissioner's Office and the Data Protection Act 2018. Cloud and SLA disputes test service levels, availability and the causes of outages. Underpinning many cases, digital forensics governs the recovery, preservation and integrity of electronic evidence, which determines whether it is admissible at all.

Instructing the right expert

Match the expert to the issue: a project-delivery specialist is not a forensic analyst. Instruct early, because preserving electronic evidence correctly is time-sensitive, and ensure the expert understands the duty to the court under CPR Part 35. Our guide on how to instruct an expert witness covers what to expect.

FAQ

Common questions

Do you handle failed IT projects and cyber incidents?

Yes. We work with experts in software development and project delivery, and in cyber security and digital forensics, who can produce clear, defensible analysis of complex technical events.

What does a data-breach expert witness assess?

They investigate what happened and how, and assess whether the security controls in place were adequate against recognised standards and regulatory expectations, including the Data Protection Act 2018.

Why is digital forensics important to a case?

Forensics governs how electronic evidence is recovered, preserved and analysed. Done correctly, it protects the integrity and admissibility of the evidence; done badly, it can render evidence worthless.

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