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Herbies and Brick Court seal victory in long-awaited BSkyB judgment

This was a long awaited decision and one that reflects the enormous difficulties in proving misrep. The liability was capped at £30m and it is astonishing how BSkyB managed to get round this by proving deceit (somehow I am not convinced). I think an appeal is likely to be allowed (and likely to lead to a different judgement) as BskyB lost most of the legal arguments according to other reports. Completing the contract themselves at a staggering £275m and then claiming it back from EDS seems ludricous and wouldn't wash in the norm. I think the length of time that it took to reach judgment proves that there is a lot to look at here.

27-Jan-2010

8:56 am