Expertise / IT & Technology
IT expert witnesses
Independent technical evidence for software, data, cyber and IT-project disputes.
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Technology disputes often fail or succeed on whether the court understands what actually happened. We provide experts in software, infrastructure, data and cyber security who can produce clear, defensible analysis of complex systems.
In IT & technology, the difference between a strong case and a weak one often comes down to whether the expert truly understands the sector. Generalist opinion rarely survives scrutiny on specialist questions, and a tribunal gives little weight to evidence that misreads how IT & technology actually works. We focus here precisely because the issues are technical, the stakes are high, and the wrong expert is an expensive mistake.
What instructing through us looks like
Tell us the issues, the forum and your timeline. We check fit, availability and conflicts, then send a short, honest shortlist. You review CVs and speak with the expert before instructing. New to the process? See our guide on how to instruct an expert witness.
Enquire
Tell us about your IT & technology matter
Describe the issues and the forum. We check fit, availability and conflicts, then come back with a short shortlist. Enquiries are confidential and create no obligation.
- Tell us the matterShare the issues, the sector and your timeline. No obligation, treated in confidence.
- We shortlistWe identify experts whose experience genuinely fits, and check availability and conflicts.
- You instructYou review CVs and speak directly with the expert before instructing on your terms.
What these disputes actually turn on
Failed IT project disputes turn on four questions: what was promised, what was delivered, who caused the delay, and whether the supplier acted as a reasonably competent supplier would have done. Software disputes turn on whether code or functionality was copied and how that can be shown. Data breach claims turn on whether the security measures were appropriate to the risk, as data protection law requires, and on what loss actually followed. Systems reliability disputes turn on whether a system's records can be trusted at all.
The Post Office Horizon litigation is the clearest modern example of how much can rest on that last question. The court's detailed findings in Bates v Post Office (No 6) are a reminder that a judge will test whether an expert has engaged with the actual records of a system's behaviour, rather than with assumptions about how it ought to behave.
What the expert will examine
- The contractual baseline — requirements, specifications, statements of work, SLAs and every change request.
- Project governance records — plans, RAID logs, steering committee minutes and status reports.
- Source code and its history — version control logs, build and test records, defect trackers.
- System records — logs, audit trails, incident tickets and monitoring data.
- Security evidence — policies, penetration test reports, vulnerability scans, incident response records and regulator notifications.
- Data samples — for reconciliation where the reliability of a system's output is in issue.
Logs rotate, cloud environments are decommissioned and repositories are rewritten. Once a dispute is likely, preserve code repositories, logs and environment snapshots; an expert can say what is worth keeping.
What the report has to address
The report is measured against the contract first: the specification, the acceptance criteria and the service levels. Delay is analysed with methods adapted from construction delay analysis, applied to the project's own records. Code comparison must follow a documented, repeatable methodology. Security opinions are measured against recognised frameworks such as NCSC guidance and ISO/IEC 27001, and against the UK GDPR and the Data Protection Act 2018. Most of these disputes are heard in the Technology and Construction Court or arbitrated, and the court's approach to failed projects is well developed in decisions such as BSkyB v EDS.
The disciplines, and when each is needed
- IT project delivery expert — programme management, delay, and the standard of a competent supplier.
- Software engineer — code quality, code comparison, functionality and defects.
- Cyber security and incident response expert — security measures, breach causation and response.
- Digital forensics expert — recovering and authenticating data, including for criminal matters under the Computer Misuse Act.
- Data protection expert — compliance with the UK GDPR and the regulator's expectations.
- Cloud and infrastructure expert — availability, performance and SLA disputes.
Five questions worth asking before you instruct
- Have they worked hands-on with the technology stack in dispute, or only managed projects that used it?
- Is their method for code comparison or log analysis documented and repeatable?
- Have they given evidence in the Technology and Construction Court or in arbitration?
- Can they explain a technical point to a judge who is not a technologist, without losing accuracy?
- Which vendors and integrators have they worked for? Conflicts with large suppliers are common.
Why IT evidence gets discounted
Three failures recur. The expert reviews the project in hindsight against an idealised method rather than against the contract and the records. The analysis rests on a sample of logs or code that the other side shows is unrepresentative. Or the report is written for technologists, and the court cannot follow it well enough to rely on it.
Key authorities and further reading
- Bates v Post Office Ltd (No 6) [2019] EWHC 3408 (QB) — the Horizon judgment on the reliability of system records
- BSkyB Ltd v HP Enterprise Services UK Ltd [2010] EWHC 86 (TCC) — a leading failed IT project case
- Lloyd v Google LLC [2021] UKSC 50 — the Supreme Court on representative data protection claims
- WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 — liability for an employee's data breach
- Data Protection Act 2018 — UK data protection law alongside the UK GDPR
- Information Commissioner's Office — the regulator's guidance on security and breaches
- National Cyber Security Centre — UK guidance on appropriate security measures
- Computer Misuse Act 1990 — the main UK computer crime offences
- CPR Part 35: Experts and Assessors — the expert's overriding duty to the court
FAQ
Common questions
What does an IT & Technology expert witness do?
A IT & Technology expert witness gives independent, objective opinion to a court or tribunal on specialist issues within IT & technology. The overriding duty is to the court, not to the instructing party. That opinion typically takes the form of a written report and, where required, oral evidence.
When should I instruct an IT & Technology expert?
As early as the issues become clear. Instructing early helps you weigh the strengths and weaknesses of a case, scope the evidence proportionately, and avoid a rushed report against a looming deadline.
How do you choose your IT & Technology experts?
We select on substance: relevant qualifications, genuine IT & technology experience, and an understanding of an expert's duties in litigation and arbitration. Where an expert has limited experience of giving evidence, we say so.
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.
Need an expert in IT & technology?
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