The Company
Dr Stephen Castell is one of the UK's leading professional
consultants, and business builders, in the increasingly convergent areas
of IT, telecommunications, broadcasting and the media and is Chairman of CASTELL Consulting, his own consultancy company.
He specialises in the active strategising, planning, management and development
of systems and businesses in information and communications technologies,
broadcasting and the media, and in analysing and influencing the financial,
market, economic, regulatory and legal factors which affect them. He has
established a special reputation in developing businesses in voice telephony
and in satellite communications, databroadcasting and strategic value-added
services; and in being amongst those leading the discussion of the 'legal
reliability' of information systems and technologies.
As an Expert Witness in software litigation and computer
criminal prosecutions he has been involved in a wide range of cases including
what is thought to be the largest civil action over a software development
contract to come to trial in the English High Court. He is also a (CEDR-trained)
Mediator, (ICC) Arbitrator and Expert Determiner.
CASTELL Consulting's clients have included:
Airtours plc (Expert Witness in its action versus EDS)
Axon Solutions Ltd (Expert Witness on behalf of Hiscox, its PI Insurers, in re its position as Part 20 Defendant in the
definitive action W H Smith versus Fujitsu Siemens Computers concerning UK’s largest SAP implementation)
British Broadcasting Corporation (BBC Data; Telecoms/Broadcasting Regulatory & Business Strategy)
BBC Enterprises Ltd (BBC Datacast; BBC Eurocast/OLYMPUS Satellite)
British Telecom plc (New Venture Business Development; Satellite Services)
BT Group Legal Services (Expert Witness in telecom cases)
BT Syntegra (Expert Witness in its actions versus Ministry of Defence; and SwapsWire)
Cable and Satellite Telecommunications Ltd (National Transcommunications Privatisation; Channel 5 TV Licence Bid)
Central Computer and Telecommunications Agency (CCTA, H M Treasury, British Government)
Cincinnati Bell Information Systems Ltd (Cable
TV/Telephony Systems and Services) Compass/Hiscox (Expert Witness
in re Part 20 Defendant position in the definitive Cable &
Wireless v IBM action concerning IT Outsourcing
Benchmarking)
Department of Trade and Industry, British Government (Telecoms Product Development; VANS Licensing)
European Commission/BT Tallis (INFOSEC Trusted Third Party Services)
European Space Agency (Satellite Databroadcasting)
France Telecom (New Venture Strategic Advice; AT&T Telemarketing)
GEC-Marconi (Expert Witness in its action versus London Fire and Civil Defence Authority)
H M Treasury (Expert Witness - Lord Chancellor's Department in its action versus Price Waterhouse)
HSR, Milan (Expert Witness in its action v. ACT Medisys re Hospital Information System for large Italian Hospital)
International Chamber of Commerce, Paris (Arbitrator in 3-man ICC Arbitral Tribunal, European litigants)
INFOCAST/Citibank (Databroadcasting Strategy)
London Ambulance Service (Expert Witness in its action versus CAP-CGS)
Mercury Communications Limited (National Transcommunications Privatisation)
Misys plc (Expert Witness on several major cases in the UK, Italy, Ireland and Australia; Business/Product Strategies)
Motorola (Mobile Communications Interconnect and Licensing)
Pearson Group plc/Financial Times (Databroadcasting Strategy)
Personal Communications Networks: Mercury PCN and Unitel
SAIT Electronics SA, Belgium (Satellite Communications and Databroadcasting Development)
Superdrug Stores Plc (Expert Witness in its actions versus TEC UK Ltd)
The Meteorological Office, UK (New Business Development: Data/Databroadcasting Services)
The Press Association, London (Satellite Data Distribution)
Transfield Obayashi Joint Venture (Expert Witness re Australia’s largest infrastructure project, Melbourne Citylink)
United Arab Shipping Company
S.A.G., Kuwait (Expert Witness in its software action versus BIDM,
Inc, New York) |

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A noted business and financial
innovator, with an earlier background in mathematics, industrial research
and merchant banking, Dr Castell has established a reputation for
initiating, leading or assisting in the building of multimillion pound
businesses in voice and data communications and broadcasting, information
and software services. He was one of the pioneers of the Over The Counter
Market in the UK where he was responsible for identifying and assessing
several hundred high-technology and telecommunications companies over a
5-year period, participating in the preparation of flotation prospectuses
and serving as Non-Executive Director on various Company Boards. In 1982,
he was the founder Technical Director of the venture capital funded
International Communications Technology Holdings SA, based in Luxembourg
and listed in London, and was Chairman of its UK subsidiary Telephone
Broadcasting Systems plc.
Dr Castell has presented papers at many
International Conferences, for example, SATELCOM '91, Bucharest, Romania,
which was the first pan-European satellite communications conference to be
co-sponsored by the European Broadcasting Union (EBU), the European Space
Agency (ESA) and Eutelsat. Another example was the First World Congress
Multimedia, Barcelona, October 1993, where he contributed a presentation
"Channel 5 - A national digital broadband communications highway". He is a
prolific author on business, technology, legal, regulatory and financial
matters and a correspondent for The Computer Law and Security Report. He
is the author of the best-selling Computer Bluff (1983), and The APPEAL
Report (1990) on the admissibility of computer evidence in court, and a
contributor to Sweet and Maxwell's Encyclopedia of Information Technology
Law. In 1980, in a letter to the Financial Times, he coined the term
Business Television.
Recent expert witness assignments
During the
first half of 2010, Dr Castell worked intensively as appointed expert on
behalf of a major international energy sector company in its dispute over
the quantum of damages appropriate for replacement of a UK Government Data
Centre after its destruction in an accident for which it was liable. The
claim was for over £10m. Expert audit, loss verification, capacity
assessment, and careful 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. An expert report was
prepared and served into Court providing professional quantitatively and
commercially justified technical estimates and opinions as to the proper
replacement valuation to be applied in all the circumstances. Settlement
of the dispute on satisfactory terms was achieved days before a trial was
due to start in the English High Court. The insights achieved into the
current status of the global refurbished second-user ICT market have
subsequently been applied by way of currently ongoing discussions with the
Cabinet Office of HM Government, in connection with the British Coalition
Administration's policy initiative to cut public spending, in order to
reduce the massive National Deficit, by billions of pounds per year. See
'Government could save £8bn by choosing second-user hardware', Dr Stephen
Castell; letter published in Computer Weekly,8-14 June 2010.
During the second half of
2010, Dr Castell was appointed expert in a high-profile IT systems
contract case in the NSW Supreme Court, Sydney, Australia, concerning the
failed 'TCard' Integrated Ticketing and Transport System project there.
This involved a claim for AU$90m, with a cross-claim for AU$200m+: http://www.intellectualpropertylawyers.com.au/news/2010/2/24/nsw-ticketing-fiasco-a-winner-for-lawyers/
(and see also http://www.zdnet.com.au/topic/pttc/
and http://www.smh.com.au/technology/enterprise/smartcard-operator-branded-dishonest-20100411-s0w2.html).
Dr Castell's initial expert's report was produced in February 2011. He
subsequently submitted a Further Expert Report in response to the other
side's expert's report. An 'Expert Conclave' process, starting in December
2011, was underway, towards producing an Experts' Joint Agree/Disagree
Report, when the case settled, just before its scheduled trial
commencement in mid-February 2012:
http://m.smh.com.au/it-pro/government-it/tcard-battle-settled-out-of-court-20120217-1tegm.html
http://www.bankingday.com/nl06_news_selected.php?act=2&stream=1&selkey=12807&hlc=2&hlw=
http://www.dailytelegraph.com.au/news/failed-t-card-project-settled-out-of-court/story-e6freuy9-1226273878628
http://m.smh.com.au/it-pro/government-it/tcard-battle-settled-out-of-court-20120217-1tegm.html
Commencing early 2011 Dr Castell directed a CASTELL Senior Associate Consultant, a leading University Professor of Computational Fluid Dynamics ('CFD'), provided by CASTELL Consulting and involved as advising expert to a major long-term patent dispute between two of the world's leading aero-engine manufacturers (USA and European) concerning swept fan blades, applying and assessing CFD analyses, methodologies and computational results. This dispute, as to the validity and possible infringement of the patent(s) concerned, was expected to come to trial in the English High Court in autumn 2011; however the case settled a few weeks earlier.
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