header-logo header-logo

Home Login E-newsletter About us
18 March 2010 / Andrew Dodd , Louisa Albertini
Issue: 7409 / Categories: Features , Commercial
printer mail-detail

False alarm?

© Copyright LexisNexis 2026. All Rights Reserved.

BSkyB ruling rings alarm bells for IT suppliers. Andrew Dodd & Louisa Albertini explain why

In a landmark court ruling on 26 January 2010, a judge has ruled in favour of BSkyB in its bitterly contested £710m legal battle with EDS. Mr Justice Ramsey found that EDS had fraudulently misrepresented to BSkyB the timescales in which it could deliver a new customer relationship management (CRM) system for BSkyB.

The judgment will cause reverberations in the IT industry. In establishing fraudulent misrepresentation, BSkyB blew a hole through the £30m liability cap in its contract with EDS. Its precise damages figure will be assessed by the court in a separate hearing. Preliminary indications, however, are that it will comfortably exceed £200m.

Problems from the start

EDS successfully tendered in 2000 for the design and implementation of a new CRM system for BSkyB. The £46m project was quickly beset by difficulties. After successive renegotiations in 2001 and 2002, there was an acrimonious parting of ways in 2002. BSkyB paused for breath and consulted its lawyers.

In

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Read All
NLJ this week: When ‘milk’ really means milk
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
NLJ this week: Civil practice with claws & caution
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
NLJ this week: Stealing virtual gold?
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
NLJ this week: Don’t let your LPA gather dust
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
NLJ this week: Neutral counsel in a polarised age
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Copyright © 2026 LexisNexis
back-to-top-scroll