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08 September 2023 / Dante Quaglione
Issue: 8039 / Categories: Features , Profession , Procedure & practice
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Our survey says…

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Dante Quaglione explains the importance of impartiality & transparency in survey evidence in civil actions
  • Surveys are being used increasingly in civil litigation, particularly in class certification, antitrust, intellectual property, employment class actions and false advertising cases.
  • Pointers on how to make survey evidence robust and therefore acceptable to the court.

Surveys have been gaining prominence across a range of civil litigation actions and are being used increasingly in class certification, antitrust cases and intellectual property matters (eg trademark infringement proceedings), as well as in employment-related class actions.

They also have become common in false advertising cases, as they can provide two types of key evidence: in cases in which the advertising is literally false, surveys often provide evidence on the materiality of the claim; and in cases in which the claim is not literally false but potentially misleading, surveys can provide evidence as to consumers’ perceptions of the claims.

The Competition Appeal Tribunal (CAT), a specialist tribunal with the jurisdiction to hear competition damages actions, is becoming more comfortable

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MOVERS & SHAKERS

Ward Hadaway—Alex Cooper

Ward Hadaway—Alex Cooper

Corporate team welcomes partner in Leeds

Ellisons—Navraj Rai

Ellisons—Navraj Rai

Senior associate joins employment department

DWF—Chris Spelman

DWF—Chris Spelman

London dispute resolution team expands with partner hire

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Former subpostmaster Lee Castleton, one of the litigants in Bates v Post Office, has won his appeal against a decision to split his £2m claim against the Post Office into two trials
Small and mid-sized law firms are enjoying a period of sustainable growth and hitting the mark when it comes to meeting client expectations, according to this year’s LexisNexis Bellwether report
The Law Society has urged the government to expand its artificial intelligence (AI) tool for government services to include signposting on legal issues
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