NIPC Law

Fibre Optic Cables Author BigRiz   Licence CC BY-SA 3.0   Source Wikimedia Jane Lambert The key to a successful software development contract is a comprehensive and accurate technical specification that is agreed upon and understood by both the customer and the supplier.  It is important not to confuse a technical specification with a functional specification.   The functional specification will set out the functions and facilities that the software should have, but not state how it is to be developed.   Those details will be contained in the technical specification.    The customer should satisfy himself or herself that the technical specification implements the functional specification.   If he or she lacks the skill and knowledge to do that, he or she may wish to appoint a consultant to help. Acceptance Tests As the bargain is that the supplier will deliver the specified software in return for a fee, a clause setting out the ac...

Anthony M. Rome,  - Flickr, CC BY 2.0,  Source   Jane Lambert Court of Appeal (Lords Justices Davis, Arnold and Popplewell)  Shenzhen Senior Technology Material Co Ltd v Celgard, LLC (Rev 1) [2020] EWCA Civ 1293 (9 Oct 2020) This was an appeal from Mr Justice Trower's decision in    Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020) which I discussed in  Trade Secrets - Celgard, LLC v Shenzhen Senior Technology Material Co Ltd . on 31 July 2020. The action was for breach of confidence and infringement of Directive (EU) 2016/943 ("the Trade Secrets Directive") .  The claimant, Celgard LLC, had obtained from Mr Justice Trower an interim injunction and permission to serve process on Shenzhen Senior Technology Material Co Ltd. ("Shenzhen") outside the jurisdiction. Shenzhen appealed on the ground that the judge had been wrong to hold that there was a serious issue to be tried and that England was the appro...