The judge ruled that if EDS had not made misrepresentations to Sky, then Sky would have engaged another company, PriceWaterhouseCoopers. I don't know whether HP/EDS would have any grounds for appeal if it turned out that PWC had also made misrepresentations at the bidding stage. @tonyrcollins tells me that EDS/HP has spent £35m on lawyers so it may have been considered but you never know.
EDS "misrepresentation" in BSkyB case - some comments by the judge - IT Projects Blog
Lessons from BSkyB case - CIO
Further examplesThe London Borough of Southwark is taking legal action against IBM over a software solution it claims is not fit for purpose (Computing, 30 October 2009; Kable, 2 November 2009).
Sprint-Nextel versus IBM, Vertex Data Sciences versus Powergen (Outsourcing disputes, HG.org, 31 October 2006)
IBM versus the Philippines (The Inquirer, 8 June 2009)
See also my earlier post on the dispute between Centrica and Accenture - IT suppliers face architectural risk.