We have also dealt with various software licensing disputes relating to alleged breach of the contractual terms and where there have been disputes with the suppliers who implement the software.

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The licensing landscape appears to be changing – there is an increase in user-centric licensing so users and their employees can have access to software applications not only from their desk but also remotely via a variety of devices.  In addition, there appears to be an increase in subscription licensing which provides licences as a service rather than “goods”. Software as a service can involve the major components of the software residing on the supplier’s servers rather than on the user’s computer and being accessed through a generic piece of software such as a web browser. It is critical for users, particularly large organisations, to have a mechanism to ensure they do not unwittingly exceed the licenses purchased leading to under-licensing.  This often happens where user firms expand or merge rapidly or where there is a re-organisation of a company structure.

We have dealt with disputes arising when large companies have inadvertently been under licensed and who are then subject to an aggressive audit by software providers leading to an excessive claim for licensing fees and further charges.  Fairly recently we assisted a high profile company with a licensing dispute with a well-known software house involving significant sums of money. The client was faced with excessive claims for alleged under licensing, initially in excess of $100M. The sums were vastly inflated by the software house in question due to factual inaccuracies, pure mathematical errors and incorrect application of fundamental principles of the English law which governed the licence.  By working closely with an IT expert, we managed to help the customer steer a course through the negotiations and succeeded in reaching a good resolution, without recourse to the English Courts. This shows that negotiations can succeed, especially between commercial entities where there are important ongoing relationships.

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We have also dealt with various software licensing disputes relating to alleged breach of the contractual terms and where there have been disputes with the suppliers who implement the software.

Find out more

The licensing landscape appears to be changing – there is an increase in user-centric licensing so users and their employees can have access to software applications not only from their desk but also remotely via a variety of devices.  In addition, there appears to be an increase in subscription licensing which provides licences as a service rather than “goods”. Software as a service can involve the major components of the software residing on the supplier’s servers rather than on the user’s computer and being accessed through a generic piece of software such as a web browser. It is critical for users, particularly large organisations, to have a mechanism to ensure they do not unwittingly exceed the licenses purchased leading to under-licensing.  This often happens where user firms expand or merge rapidly or where there is a re-organisation of a company structure.

We have dealt with disputes arising when large companies have inadvertently been under licensed and who are then subject to an aggressive audit by software providers leading to an excessive claim for licensing fees and further charges.  Fairly recently we assisted a high profile company with a licensing dispute with a well-known software house involving significant sums of money. The client was faced with excessive claims for alleged under licensing, initially in excess of $100M. The sums were vastly inflated by the software house in question due to factual inaccuracies, pure mathematical errors and incorrect application of fundamental principles of the English law which governed the licence.  By working closely with an IT expert, we managed to help the customer steer a course through the negotiations and succeeded in reaching a good resolution, without recourse to the English Courts. This shows that negotiations can succeed, especially between commercial entities where there are important ongoing relationships.

View less

Case Study

Private: Software Dispute for overseas conglomerate

Acting for a well-known overseas conglomerate regarding a multi-million pound software implementation build. Our client employed a leading supplier of digital solutions to complete the implementation, who ultimately claimed a significant costs overrun in excess of USD10 million. The supplier …

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Recommendations

‘The team at Hamlins provides a genuinely personal service to clients; there is no feel of nameless lawyers in a big team who have no real idea who the clients are and how to meet their needs. The team is particularly dedicated to serving its clients’ needs – it is very responsive and proactive and offers a good breadth of experience.’

Legal 500 2021 Testimonial - Construction: Contentious - ranked: Tier 4

‘The team always has high quality work, drawn from interesting and high-profile projects. They are focused on using their experience to get a good result for the client with the minimum of fuss.’

Legal 500 2021 Testimonial - Construction: Contentious - ranked: Tier 4

‘The team understands the developer side of the industry particularly well and is well placed to deal with the needs of that side of the industry.’

Legal 500 2021 Testimonial - Construction: Contentious - ranked: Tier 4

‘Amanda Burge came in when our transaction became contentious. She grasped the problem immediately and put a plan in place to resolve the matter. Tried to avoid going to court to be resolved and pursued a settlement strategy in our favour, which was ultimately successful and cost-effective.’

Legal 500 2021 Testimonial - Construction: Contentious - ranked: Tier 4

‘Amanda Burge is a delightful person to deal with, who has a very good understanding of the law and the needs of her clients.’

Legal 500 2021 Testimonial - Construction: Contentious - ranked: Tier 4

‘I credit Amanda with being the chief instrument in us constantly having the upper hand, and importantly for our management feeling confident and in control of the situation throughout.  I was highly impressed by her astuteness, speed and depth of analysis, and lightning-fast response time.  She has the rare gift of conceptualizing and organizing a very complex, disordered and unwieldy set of facts and circumstances in ways that made a very difficult and potentially nerve-racking dispute feel very easy to manage…

‘We always felt like we were in very safe hands.  Her legal and intellectual prowess are strongly bolstered by pragmatism and savviness about what it takes to get results for the client in the midst of constantly changing circumstances. I would rank Amanda’s style of engaging with her clients as a benchmark in terms of delivering the ideal “customer experience” for a law firm, making her clients feel incredibly at ease through the many challenges of a vexatious legal dispute – thanks to her rare combination of skill and style.’

MD of international company

‘Amanda Burge is a particularly tenacious litigator who is exceptionally proactive at driving cases forward.’

Legal 500 2020 - Professional Negligence - Testimonial

‘Amanda Burge has a sharp focused mind, great tenacity and an ability to negotiate forcefully and effectively.’

Legal 500 2020 - Professional Negligence - Testimonial

‘Amanda Burge has the gravitas, experience and know-how to get the job done.’

Legal 500 2020 - Professional Negligence - Testimonial

‘The team work well together.’

Legal 500 2020 - Construction: Contentious - Testimonial

‘Amanda Burge is concise and user friendly whilst commercial and incisive.’

Legal 500 2020 - Construction: Contentious - Testimonial

Amanda is listed as a Leading Individual in Commercial Litigation in Legal 500 2019. She is described as follows ‘Flexible in her approach and easy to work with‘, Amanda Burge ‘makes sure that all details are nailed down’.

Legal 500 2019

“Hamlins LLP’s ‘overall level of service delights clients’.”

Legal 500 2017 - Commercial litigation

Amanda is recognised for her expertise in commercial litigation in Legal 500 2017 where she is described as ‘a top-class litigator who is unfailingly calm and has a can-do attitude’.

Legal 500 2017 - Amanda Burge

Noted lawyers in the Legal 500 2019 guide include Antony Perlmutter and Laura Daly.

Legal 500 2019

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