The obvious initial step to take is to conduct an audit to determine which items of software are Year 2000 compliant. As well as carrying out an audit, whether in-house or using outside consultants, you should also contact your software suppliers and simply ask them to confirm whether or not their software as supplied to you is Year 2000 compliant! If your software is revealed not to be Year 2000 compliant, you must pose the question whether or not your suppliers intend voluntarily to take steps to remedy the position.

You than face the dilemma of whether or not to sue. Whilst this will obviously depend on the strength of your particular case (about which only the broadest indications can be given above) it may well be helpful to conduct a cost/benefit analysis of your own before approaching a firm of solicitors for detailed advice.

Only a proportion of your costs will be recoverable even if you win: two thirds, as a rule of thumb. Moreover, there will be the inevitable delay and vexation.

One thing is certain, if you are in any way responsible for Year 2000 compliance of a business or organisation, you must assess the legal implications immediately and take steps to secure your own liability. It is not only software suppliers who are going to be sued, but thatÆs another story!

© Jolyon Maugham 1997, 1998

About the Author

JOLYON MAUGHAM is a barrister, who has successfully acted on behalf of the small business sector against very large multinational corporations, in software-related disputes.

Queen MotherÆs Scholar of Middle Temple, he honed his legal skills at 11 KingÆs Bench Walk, Chambers of Lord Irvine of Lairg QC, the Lord Chancellor.

Although we cannot deal with specific cases, general legal enquiries relating to Year 2000 compliance can be addressed to Jolyon Maugham via our website.