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12 May 2011
Issue: 7465 / Categories: Case law , Law digest
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Evidence

A&E Television Networks LLC and another company v Discovery Communications Europe Ltd [2011] EWHC 1038 (Ch), [2011] All ER (D) 34 (May)

Survey evidence was invariably expensive, time-consuming and quite often not particularly probative because of the manner in which it had been conducted, the questions asked or both. Accordingly, as a matter of practice the courts had required leave to be sought before such evidence was adduced. On such applications, the court was doing the following:
 
(i) so far as a party was going to seek to put expert evidence before the court, the court was exercising its power to control the amount and nature of expert evidence in order to make sure the expert evidence was proper evidence, admissible, and proportionate;

(ii) so far as a party sought to put in the actual answers to questions, the court was ensuring that the evidence was admissible and probative;

(iii) so far as the court was controlling the calling of live witnesses obtained as a result of some form of survey evidence, it was again ensuring that

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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