Abstract of full article.
The aggrieved purchaser of a computer system contemplating a claim against its supplier needs to be confident of doing better than just winning the case. The damages award must be handsome enough to achieve a net recovery from the litigation. The customer's lawyer will need to assess realistically not just the prospects of success on liability, but also the likely level of recovery. Equally the supplier's lawyer has to be able to analyse the potential recoverability of the claims put forward by the customer. Both tasks require an understanding of the principles of damages awards and of how the principles are applied in practice in computer project disputes.
This article analyses, using examples of actual awards of damages made by the courts in computer project cases, the kinds of loss that English courts have compensated and those that the courts have rejected.
The article is up to date as at February 2003. The full article can be read here.