Patrick Arben

Tech

Patrick helped a global publishing house resolve through arbitration a complex dispute over the failed design, build and implementation of a new highly automated distribution centre. The case turned on the quality of the software managing the centre and difficulties in integrating the software with our client's existing back office systems.

He settled at mediation a £50 million damages claim for a global IT services provider. The customers claim focused on alleged performance problems experienced in the bespoke CRM system developed by the client. Early use of technical and forensic accounting evidence allowed Patrick to persuade the other side that its claim was technically unsound and vastly inflated.

He assisted a unitary authority with an early exit from a 15-year £300 million IT and BPO contract, devising a strategy that enabled the client to avoid any liability for early termination charges.

Patrick helped a supplier of contact centre management software to recover very substantial unpaid software licence fees after an audit of one of its major customers revealed that it might be very substantially under-licensed. By making an application to the court for pre-action disclosure against the customer, Patrick was able to secure the evidence that demonstrated the scale and extent of the under-licensing and forced the customer to come to the table at an early stage in order to reach a negotiated settlement.

He forced a claimant to abandon its litigation against his client, which was facing a claim for substantial damages for referral fees for sales of its hardware allegedly introduced by the claimant, a value-added reseller. Patrick was able to show that it was likely the contract had been fabricated by the claimant in conjunction with a former employee of our client, which persuaded the claimant to discontinue its litigation following a successful mediation.

He assisted an automotive manufacturer in recovering its data in a dispute with its legacy data hosting provider. This was a bet-the-company dispute, where the client needed to recover its data in a structured and orderly way in order to transition to its new provider in a way that ensured business continuity. Ambiguities in the contract meant the legacy provider was seeking to hold the client's data to ransom so as to extract inflated charges for exit assistance. By bringing proceedings for an injunction for delivery up of the data the legacy provider was forced to compromise and an acceptable negotiated settlement was reached.

Public Procurement

He advised a government agency in connection with a challenge brought by the incumbent provider of radiation testing services following the award of the contract to a competitor.

He represented a government department in defence of a £200 million procurement challenge brought by the incumbent provider of communications systems for the UK's embassies worldwide following the award of the contract to a competitor. The proceedings were conducted on an expedited basis.

He defended a government agency in proceedings under the Concession Regulations and a related Judicial Review brought by the incumbent concessionaire of one of Europe's largest music festivals following the award of the concession to a competitor; settling the proceedings on confidential terms shortly before trial.

Represented a Combined Commissioning Group in the defence of a £300 million procurement challenge and related judicial review brought by the incumbent service provider of various healthcare services from a regional treatment centre. The challenge came following the award of the contract to an NHS Trust Patrick was successful in an application to lift the automatic suspension on contract making which allowed the CCG to award a critically important contract and so preserve continuity of care.

Represented the supplier of technology hardware and related services to a local authority in their successful procurement challenge after the contracting authority was persuaded to recognise that it has failed to correctly apply its evaluation methodology.

Acting for the interested party and successful bidder for the acquisition of land from a unitary authority as part of the authority's urban regeneration programme. The award was challenged by an unsuccessful bidder who sought Judicial Review of the decision, we advised on both summary and detailed grounds of resistance, evidence and duty of candour issues.

Investigations and Inquiries

He acted for the Chair of the non-statutory inquiry into the provision of maternity services at the Shrewsbury and Telford NHS Trust (the Ockenden Review). Providing legal support on all aspect of the inquiry including terms of reference, data privacy, policies and procedures, stakeholder engagement, evidence gathering, publication and Maxwellisation.

Patrick advised a British university on UK Bribery Act investigation in connection with the provision of donations to fund a research project by Chinese-based pharmaceutical businesses.

Led the team that was appointed to support the Undercover Policing Inquiry's evidence review and preparation for hearings.

He led an investigation for a not-for-profit organisation into the reasons why a recently-acquired subsidiary had become insolvent and had to be rescued by his client. The investigation focused on management failings and in particular looked at possible fraudulent conspiracies between former employees and third party providers. The objectives of the investigation were to recover any sums lost as a result of wrongdoing and to satisfy the client's regulator that any problems had been identified, rectified and that lessons had been learned.

Patrick advised a sports business on UK Bribery Act compliance in connection with proposed contracts with third party intermediaries, providing access to potential overseas sponsors.

Appointed to support the Department for International Trade in connection with its participation in the COVID-19 Inquiry.