Robert Griffiths, Partner in Innovation, has been quoted extensively in an article in The Times on the potential for litigation against Crowdstrike following last week’s internet outage.
Robert said: “Generally end users will not be able to claim directly against CrowdStrike as they will have no standing to do so, so they must claim against the business who they have a contract with.”
“Despite the widespread disruption caused in this case, it is very rare for a company to owe broad obligations to the world, outside what is contained in its contracts with customers. Whether you can claim and how much you can recover will depend on the precise terms of the contract in question.”
“Larger customers with more buying power may have negotiated bespoke terms with CrowdStrike that share risk and liability differently.” Therefore, the answer to the question many will be asking about whether they will be able to recover damages “is not likely to be straightforward.”
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