The House considered how market research surveys might be introduced in evidence. Lord Russell recommended filing affidavits from a limited number of respondents to the survey and filing a further affidavit proving the number of other persons who had replied and making their answers available for perusal.
Judges:
Lord Russell
Citations:
[1938] AC 557
Jurisdiction:
England and Wales
Cited by:
Cited – Customglass Boats Limited v Salthouse Brothers Limited 1976
(New Zealand) The court examined the question of whether market resarch was admissible as expert evidence as to damages.
Held: ‘So far as I can see, public opinion or survey evidence is not now in practice treated as hearsay in trade mark or . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Damages
Updated: 07 May 2022; Ref: scu.238582
