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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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