header-logo header-logo

Our survey says…

08 September 2023 / Dante Quaglione
Issue: 8039 / Categories: Features , Profession , Procedure & practice
printer mail-detail
136482
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
back-to-top-scroll