Technology Expert Witness

Independent technology expert evidence for complex disputes.

Managing Director and Global Lead for Technology Expert Services in Kroll's Cyber and Data Resilience practice.

Chartered Engineer and IT expert witness based in London, specialising in software intellectual property, technology competition disputes, data privacy, digital forensics, and fitness-for-purpose assessments. Instructed by leading law firms and corporate counsel in courts, tribunals, and arbitration panels worldwide.

CEng CITP MIET MBCS MEWI MAE FRSA
Nick Ellison
Expert Witness Institute Full Member BCS Chartered Member & Chartered IT Professional Academy of Experts Accredited Member TRM Digital Forensics and Cryptocurrency TRM Advanced Crypto Investigator

Areas of Expertise

Software IP & Source Code Disputes

Expert analysis in disputes involving software ownership, copyright, licensing, and misappropriation. Forensic code review to determine authorship, identify defects, and verify compliance with specifications.

Technology Competition Disputes

Independent expert evidence in competition and regulatory proceedings involving technology markets, including counterfactual feasibility assessments and best-practice benchmarking.

Data Privacy

Expert evidence in data privacy disputes and group litigation. Forensic investigation of websites and apps alleged to have leaked personal data or failed to implement consent and opt-out mechanisms correctly.

Digital Forensics

Forensic examination of mobile devices, messaging databases, email systems, and documents. Analysis of WhatsApp, Telegram, and other communications platforms at the database level.

Fitness for Purpose & IT Project Disputes

Assessment of software delivery against specifications and contractual requirements. Delay analysis, root cause investigation, and best-practice review of failed or disputed technology projects.

AI, Blockchain & Emerging Technology

Expert evidence in disputes involving AI systems, blockchain forensics, and digital assets. Includes investigation of exchange wash trading, crypto trading code review, multisig wallet compromise, and malicious smart contract analysis.

Representative Experience

Selected engagements from public judgments and anonymised matters.

High Court, King's Bench Division

Terraform Labs Pte Ltd v Wintermute Trading Ltd [2024] EWHC 737 (KB)

Expert witness on source code analysis in proceedings concerning compliance with a production order for cryptocurrency trading code, arising from the $40bn UST/LUNA collapse. Provided forensic analysis of code architecture, distinguishing between trading algorithms, execution code, and integration systems. Before Mr Justice Lavender.

US District Court, Northern District of California

Lynwood Investments CY Ltd v Konovalov et al, Case No. 20-cv-03778

Provided expert declaration on source code version control, repository integrity, and the manipulation of commit metadata in a copyright dispute over the NGINX web server software ($670m acquisition). Provided expert declaration on source code version control and repository integrity. The court subsequently ordered production of source code from the opposing party.

Family Court, Royal Courts of Justice

Michael v Michael [2024] EWFC 463

Appointed as Single Joint Expert on Data/IT forensics in high-value financial remedy proceedings. Gave live oral evidence during a 12-day trial before HHJ Hess sitting as a Deputy High Court Judge.

Other selected engagements

  • Instructed by a magic circle law firm to assess counterfactual feasibility in a major consumer electronics dispute before the Competition Appeal Tribunal.
  • Investigation into alleged theft of an AI model from a Software-as-a-Service product, involving forensic analysis of source code and model architecture.
  • Expert witness in a data privacy investigation involving a major consumer app where sensitive personal data may have been leaked to analytics companies.
  • Fitness-for-purpose assessment of an outsourced software development project for a sports data aggregator.
  • Forensic examination of Android payment terminal source code in an IP theft dispute involving Point-of-Sale applications.
  • Assessment of confidential information misuse in airline payment software, involving analysis of source code similarities and development timelines.
  • IP theft investigation concerning air ticketing booking software, including forensic comparison of competing codebases.
  • Decompilation of medical device firmware to investigate allegations of source code theft from a former employer.
  • Delay analysis in a government software implementation dispute, assessing project management methodology and root cause of failure.
  • Technical appraisal of hospitality technology tools in support of a valuation expert in a commercial dispute.
  • Assessment of email metadata misuse relating to financial transactions in a corporate dispute.