Contact details

Michael Bywell

T: +44 7721 659 866 Email Michael | vCard Office: London

Michael Bywell Partner

Contact details

Michael Bywell

Michael Bywell
Partner

T: +44 7721 659 866 Email Michael | vCard Office: London

Michael is a senior commercial litigator with expertise in the technology and data breach areas. Over the past 25+ years he has represented clients in the UK and internationally on a range of commercial matters including IT and digital transformation disputes, software licensing matters and large-scale data breach and data privacy civil litigation.
  • Profile
  • Services

Those clients include: global technology providers/suppliers based in the UK, North America, France and New Zealand; purchasers of technology products and services (including financial institutions and telecoms companies); app developers; and on-line traders.

Notable cases include representing EDS (as was) in relation to its high- profile dispute with HMRC over the performance of a new IT system to process tax credits in the UK. Michael represented the same client in a large and complex High Court case against a listed travel company which, at the time, was one of the largest IT cases to come before the English courts.

More recent cases include purchaser side advisory and dispute resolution advice in relation to a major digital transformation programme in the financial services sector.

Michael also advises in relation to: software licensing disputes; protecting IP owners from illegal use of their products by third parties; and forensic investigations into the theft of confidential information by third parties.

In the data breach area, Michael has considerable UK and international experience of civil litigation arising from alleged breaches of data protection legislation litigation including two substantial representative class actions filed in the English courts.

Michael is qualified in England & Wales, Australia and New Zealand. He Chairs the ITechLaw Disputes Committee and, in 2019, co-wrote the Society for Computers and Law Adjudication Scheme. He is also a panel adjudicator for that scheme.

Recent speaking engagements include data breach presentations to audiences in the UK and Australia (including in-house legal departments) and several webinars on Online Safety and Digital Services legislation in the UK and the EU respectively.

  • Technology and data disputes

Global IT suppliers

Advising Electronic Data Systems (EDS, as was) in relation to its high-profile dispute with HMRC over the performance of a new IT system to process tax credits in the UK.

Representing EDS in Airtours v EDS, defending substantial claims arising from a project to build a new reservations system in the travel industry.

Advising a global technology supplier in relation to a dispute over its performance pursuant to a managed services/outsourcing contract in the transport sector

Several IT cases for McDonnell Douglas (as was) including several delay and cost overrun cases.

Customer side tech disputes

Contentious advisory work for a leading UK financial institution in relation to a largescale tech-related transformation programme.

Several customer side matters arising from problematic ERP implementations.

Representing airlines in relation to IT disputes.

Other IT work – contentious and non-contentious

Lead adviser on a major tech transaction in the Asia Pacific market.

Advisory work for several clients on procurement and probity related matters in the technology and healthcare sectors.

Advisory work for tech start-ups including disputes arising from software development projects.

Advisory and litigation work relating to distribution arrangements for software in the entertainment industry.

Software licensing and investigations work

Advising a software owner on protecting its IP from illegal use by corporate users.

Advising a client in relation to several breaches of IP rights by a former employee.

Advisory work in relation to large-scale software licensing arrangements between IT vendors and third-party software owners.

Investigating the theft of confidential information by a client's former employee and successful recovery thereof – in conjunction with forensic experts.

Data breach and data privacy

Representing claimants in two large-scale High Court data breach representative actions in the UK.

Representing an individual in relation to breach of confidence and data protection complaints filed against them.

Contentious and advisory work for a leading mobile phone company including privacy, data protection, and breach of confidence issues.

Telecommunications

Several contractual disputes for telecommunications providers involving performance complaints and termination rights in customer contracts.

Advising a European telecommunications provider on a dispute with a North American infrastructure provider over the design, build and installation of a pan-European network.

Representing a global telecommunications provider on a problematic IT project in East Asia.

More: Technology and data disputes

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Stephenson Harwood enhances technology practice with two new partners

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