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Our survey says…

08 September 2023 / Dante Quaglione
Issue: 8039 / Categories: Features , Profession , Procedure & practice
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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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NEWS
Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has restated a fundamental truth, writes John Gould, chair of Russell-Cooke, in this week's NLJ: only authorised persons can conduct litigation. The decision sparked alarm, but Gould stresses it merely confirms the Legal Services Act 2007
The government’s decision to make the Financial Conduct Authority (FCA) the Single Professional Services Supervisor marks a watershed in the UK’s fight against money laundering, says Rebecca Hughes of Corker Binning in this week's NLJ. The FCA will now oversee 60,000 firms across legal and accountancy sectors—a massive expansion of remit that raises questions over resources and readiness 
The High Court's decision in Parfitt v Jones [2025] EWHC 1552 (Ch) provided a striking reminder of the need to instruct the right expert in retrospective capacity assessments, says Ann Stanyer of Wedlake Bell in NLJ this week
Paige Coulter of Quinn Emanuel reports on the UK’s first statutory definition of SLAPPs under the Economic Crime and Corporate Transparency Act 2023in NLJ this week
NLJ columnist Stephen Gold dives into the quirks of civil practice, from the Court of Appeal’s fierce defence of form N510 to fresh reminders about compliance and interest claims, in this week's Civil Way
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