Technology litigation and advice is an increasingly important part of our work at Fountain Court.
Our expertise includes acting on traditional technology matters involving telecommunications and media, as well as in relation to newer areas such as personal data, distributed ledger technology, cryptocurrencies and artificial intelligence.
We advise on both disputes and regulatory issues. Members have acted in a range of forums, including litigation, arbitration, competition tribunals and regulatory investigations. Given that approaches to liability and governance regimes for new technology are developing simultaneously in many jurisdictions, our work is often cross-border.
Members have been involved in some of the leading international disputes concerning technology. Examples of our work include the ground-breaking B2C2 v Quoine appeal in the Singapore International Court of Appeal which dealt with questions of knowledge in automatic algorithmic trading of cryptocurrency; acting for VTB Capital in a high-profile dispute stemming from the €1 billion sale of a leading Bulgarian telecoms group; and one of the world’s first challenges to algorithmic decision-making under the GDPR, made by a group of drivers against Uber in the Amsterdam Courts.
In addition to acting in major disputes, members of Fountain Court have written or contributed to major publications on artificial intelligence and cryptocurrencies.
Our work includes cases relating to:
- Artificial Intelligence
- Big data
- Contractual disputes
- Cyber security
- Data protection
- Distributed ledger technology and smart contracts
- ‘Internet of Things’
- Negligence claims against IT and technology professionals (also see here)
- Software disputes
- B2C2 v Quoine  SGCA(I) 02 (Singapore International Court of Appeal): Acting for the claimant in a ground-breaking cryptocurrency / algorithmic trading case which dealt with questions of knowledge in automatic algorithmic trading of cryptocurrency.
- Various Parties v Uber: Acting for the claimants in a challenge made under the GDPR in the Amsterdam District Courts to algorithmic decision-making by Uber.
- Unlockd Ltd and others v Google Ireland Ltd and others  EWHC 1363 (Ch): Acting for the Australian start-up, Unlockd, in its proceedings against Google in the High Court, brought under the Competition Act 1998 for abuse of dominant position. The case concerned Google’s decision to block the Unlockd app from its Google Play store and deny it access to its advertising platform.
- Essentially Different Limited v Bank of Scotland: Defending a claim for damages of £150 million for breach of a loan agreement which was advanced on the premise that the claimant had developed novel software technology which comprised an early for of (what is now known as) cloud computing.
- Acting for VTB Capital in a high-profile, multi-jurisdictional and multiparty dispute stemming from the €1 billion sale and purchase of a leading Bulgarian telecoms group.
- Acting for a leading multi-national technology corporation in international arbitration proceedings centred in Hong Kong arising in connection with cutting edge telecom technology transfer projects in China.
- Advising a Middle Eastern country on its AI legislation.
- BT v Ofcom “PPC” case  EWCA Civ 1051: Acting for BT in the Court of Appeal and CAT concerning the use of Partial Private Circuits.