Cryptocurrency Cybersecurity Artificial Intelligence Expert Witness

QUALIFICATIONS

• PhD, Mathematics, University of Nottingham, UK, 1972.  Prizewinning PhD Thesis.
• MSc, Mathematics, Computer Science and Fluid Mechanics, University of Nottingham, UK, 1969
• BSc (First Class) (Honours), Mathematics, Physics and Psychology, University of London, UK, 1968
• CITP, Chartered IT Professional

EMPLOYMENT HISTORY

1978-present  A Private Company, Computer and Systems Telecommunications.

Witham, Essex, UK

Chairman

1975-1978  Bremar Holdings Ltd.

London, UK

Manager, Group Management Services

1974-1975 Touche Ross & Co.

London, UK

Management Consultant

1973-1974 Bearing Research Centre, RHP plc.

Chelmsford, Essex, UK

Senior Mathematician

1971-1973 Chalfont Park Research Laboratories, BACo plc.

Chalfont St Peter, Buckinghamshire, UK

Applied Mathematician

MEMBERSHIPS

• Member, the Expert Witness Institute    Member, Real Time Club
• Accredited Member, Forensic Expert Witness Association, Los Angeles Chapter
• Committee Member, British Computer Society Law Specialist Group
• Correspondent Panel Member, Computer Law and Security Report
• Past Member, Working Groups of British Computer Society’s Strategy Review Panel
• Past Member, British Computer Society Legal Affairs Committee

PROFILE

This expert is a leading UK professional consultant, and business builder, in the convergent ‘digital domains’ of IT, telecommunications, broadcasting and the media and has for 45 years been Chairman of A Private Consulting company. This expert specializes in the strategizing, planning, management and development of systems and businesses in information and communications technologies, broadcasting and the media, and in analyzing and influencing the financial, market, economic, regulatory and legal factors which affect them.

An expert witness in computer software, systems and technology, telecommunications and broadcasting; highly experienced in these fields, in IT contract disputes, failed software and systems implementations, data forensics, and IP, software copyright, patent and trade secrets matters; in telecommunications and broadcasting business; in FinTech; and in software and technology valuation.  Increasingly involved in blockchain and cryptocurrency cases, disputes concerning which are proliferating.

This expert established a special reputation in voice telephony and satellite communications, data broadcasting and value-added services and businesses; and in discussing the ‘legal reliability’ of information systems and technologies. As an Expert Witness in IT&T disputes and litigation, he has been involved in a wide range of cases including the largest and longest software development contract trials in the English High Court and Sydney Supreme Court. He has been instructed as an Expert Witness on hundreds of occasions and given oral testimony on dozens of occasions.

He is also a (CEDR-trained) Mediator and (ICC) Arbitrator.

EXPERIENCE

IT, DATA & TECHNOLOGY EXPERT ASSIGNMENTS: ILLUSTRATIONS

Software Fault, Pro Bono, US (ongoing)

A standout ongoing US case concerning a software fault that occurred during computer-based bar exams. Provided bro bono Expert opinion on behalf of a US bar exam student negatively affected by that software fault, involved in a continuing campaign in the US courts. This dispute clearly critically concerns the reliability and forensic accountability of computer systems used for computer-based testing for bar exams in all of the fifty states of the US.

Transfer of Undertakings and Business Between Countries Dispute, ICC Paris, France (2017-2018)

Appointed Technical Expert by the Permanent Court of Arbitration, ICC Paris, in regard to a dispute between a global US manufacturing corporation and a sovereign state concerning transfer of undertakings and business between countries, to carry out authentication of circulation and signing of a key electronic document, necessitating identifying, verifying and examining many document creation and transmission systems, and data archives, dating back seven years. Preliminary Report successfully assisted the Tribunal in making its determination.

Software Contract Dispute Claim, US (2017)

Shortly after completing an Expert report for attorneys in connection with an arbitration of a software contract dispute involving a major US manufacturing company and an international ERP software vendor, was informed by the attorneys that the case, with multi-million US$ claims, had settled, saying “I’m happy to report that we were able to resolve this dispute today. We sincerely appreciate the efforts that you put forward within a very challenging time frame… your report was critical in getting the Claimant to reduce the amount of their claim. Thanks again for your superb work”.

HMRC Software Investment Dispute, First Tier Tax Appeals Tribunal, UK (2015-2018)

Appointed Expert on behalf of limited liability partnerships, instructed by chartered accountants, in connection with a dispute with HMRC in the UK, heard by the First Tier Tax Appeals Tribunal in January 2018, concerning £100 million+ investments in and valuation of software packages and businesses, and capital allowance aspects thereof. Provided oral testimony and was cross-examined at the hearing. The software was in financial services/stock exchange trading, and online betting and gambling, application areas. The case necessitated intensive technical effort and examination, reconstructing and re-establishing real-time software execution and operability for systems originally developed 10+ years ago, in Asia, the US, and Australia. This presented many challenges, but the systems were successfully resurrected, allowing validation of software functionality, and the carrying out of live demonstrations of online trading transactions, towards underpinning a reasoned and objectively justifiable commercial valuation of the software.

Mayors & City of London County Court, UK (2014)

100-page report as Single Joint Expert, London County, examining disputed online recruitment industry software. Reported on its content and functionality, and  alleged defects highlighted in the amended particulars of claim, as expressed in a jointly-prepared Scott Schedule (provided guidance to both parties and their legal advisers as regards the format and scope).

English High Court, UK (2013-2014)

Expert in the English High Court case, on behalf of insurers, concerning software for calculating ‘U Values’ for windows used in a London residential development, and the problems encountered from condensation in dwellings alleged to be due to incorrectly determined U Values. A detailed analysis was carried out of the allegations, the BSI/European building and insulation standards applicable, and the physics and mathematical modelling involved, together with the software applications written and how they were used, with what data etc. the preliminary reports and affidavits served to persuade the software supplier to cease its claim that its methodologies had been sound, and the dispute proceeded to settlement through mediation.

Expert Research for Patent Case, US (2012-2013)

Instructed by US law firm, P.A. to carry out Expert research on early devices, software and systems in regard to applications providing online / mobile surveys / questionnaires / feedback. This was in connection with identifying prior art, on behalf of Kaspersky Lab, for a significant US patent case, which concluded in October 2013, achieving a remarkable outcome for the ‘patent troll industry’.

Government Data Centre Dispute, English High Court, UK (2010)

Appointed Expert on behalf of one of the largest international oil industry companies in its dispute over the quantum of damages appropriate for replacement of a government data centre after its destruction in an explosion, with a claim for over £10 million. Expert audit, loss verification, capacity assessment, and analyses and ‘technical refresh cycle’ modelling of a schedule of hundreds of items of high-end mainframe, server and datacommunications ICT equipment were carried out. Expert report, served into Court, provided professional quantitatively and commercially justified technical estimates and opinions as to the proper replacement values. As a result, settlement of the dispute on satisfactory terms was achieved days before a trial was due to start in the English High Court.

IT Systems Contract Case, NSW Supreme Court, Sydney, Australia (2010-2012)

Appointed Expert in a high-profile IT systems contract case in the NSW Supreme Court concerning the failed ‘TCard’ Integrated Ticketing and Transport System project there. This, the largest complex software development contract case to date in Australia, involved a claim for AU$90 million, with a cross-claim for AU$200 million+. The case settled days before the trial was due to commence, partly as a result of the Expert reports produced, together with insightful and robust conduct of the ‘Expert conclave’ process.

TESTIMONIALS: Available upon request.

PUBLICATIONS & PAPERS

A large number of papers and articles in national, international, professional, trade and technical press on IT, mathematical, technology, finance and investment subjects. Available upon request.

PRESENTATIONS & SPEAKER ENGAGEMENTS

Many appearances at international conferences to present papers on topics such as information services, software, databroadcasting, satellite business services, digital television, computer evidence, venture capital, enterprise management, litigation and ADR. Available upon request.

LANGUAGES

English (native)

German (working professional proficiency)

French (working professional proficiency)