Personal Injury analysis: Karan Ahluwalia, solicitor at Bindmans LLP, examines in detail the judgment in Vukota-Bojic v Switzerland which provides useful guidance regarding unlawful surveillance and the right to privacy under article 8 of the European Convention on Human Rights (ECHR).

Overview In civil proceedings, surveillance evidence is most commonly used by defendants in personal injury claims. Its aim is to show any difference between the claimant’s allegations of impairments consequent on the index accident, and the truth. The Civil Procedure Rules (CPR) make no separate provision for surveillance evidence; a recording is considered a document, and CPR 31 applies. It is worth noting that CPR 31 applies to all claims except a claim on the small claims track. There are three particular features of surveillance evidence that give rise to special considerations: • surprise—it is of the essence of surveillance evidence that it captures the claimant undertaking activities when they have no expectation of being observed by or on behalf of the defendant. Prior notice must, therefore, be avoided • secrecy—equally, it is essential that the claimant is not made aware of the fact they are being observed. However, there are limits to the lengths that a defendant should go to obtain such evidence • timing—its forensic value lies in undermining the claimant’s

The Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert surveillance by public bodies, a framework which was largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). Local authorities have powers under both the IPA 2016 and RIPA 2000. Note that the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 enables certain public authorities to authorise criminal conduct by covert human intelligence sources. For more information, see News Analysis: Covert Human Intelligence Sources (Criminal Conduct) Act 2021. Surveillance powers available to authorities There are three types of surveillance techniques available to local authorities: • the acquisition and disclosure of communications data (such as telephone billing information or subscriber details) • directed surveillance (covert surveillance of individuals in public places), and • covert human intelligence sources (CHIS) (such as the deployment of undercover officers) Local authorities use covert techniques in support of their statutory functions where they are responsible for enforcing the law in respect of environmental crime; consumer scams; loan sharks;

This Practice Note summarises some of the legal and practical issues associated with the use of survey evidence and witness evidence in trade mark and passing off cases in the UK, both in the High Court and in the UK Intellectual Property Office (IPO). Specific guidance is provided regarding: • issues to consider when deciding if a survey should be conducted • choosing which kind of survey is most appropriate in the circumstances • basic requirements to be addressed when conducting a survey • issues to consider when drafting survey questions and formulating survey methodology • using surveys as witness collection exercises and the impact of the Jackson reforms • what must be disclosed to the other side • formalities for expert reports supporting surveys and the role of the expert • obtaining permission to conduct a survey • use of unsolicited consumer evidence When is a survey appropriate? Surveys are a controversial aspect of IP disputes

MedTech Europe has released findings from its latest survey, indicating that while access to notified bodies has improved for medical device manufacturers, significant challenges remain under EU regulations. The survey reveals ongoing uncertainty around costs, timelines, and predictability, with IVD manufacturers facing a 70% increase in maintenance and re-certification costs over a five-year cycle. Medical device manufacturers are experiencing a 50% increase. The survey also highlights that over half of conformity assessment time is spent outside the review phase, suggesting potential for streamlining. Concurrently, the MHRA has published guidance on new postmarket surveillance requirements for medical devices, set to come into force on 16 June, emphasising the need for manufacturers to implement comprehensive PMS plans and systems.

Law360: Pension bosses in the £1.4trn defined benefit (DB) pension sector are unlikely to put money into UK growth assets over 2025–26, a survey found on 14 October 2025, despite government efforts to galvanise parts of the industry into domestic investment.

Law360: More than a million 'gig' workers in the UK cannot afford to save into a pension, a retirement savings company has said, amid growing fears that younger and more precarious workers will not have adequate savings in later life.

A new survey examining arbitration law and practice across Europe has been launched as part of a research study led by Associate Professor at the University of Warwick, Dr Velimir Živković; Fellow of the Chartered Institute of Arbitrators, Tony Cole; and Associate Professor at the University of Leicester, Dr Paolo Vargiu. The survey, funded by the UK's Economic and Social Research Council (ESRC), aims to collect data on arbitration practices and legal frameworks to inform upcoming academic publications on European arbitration. The survey will run until 10 July 2025.

The Chartered Institute of Arbitrators (CIArb) and the College of Commercial Arbitrators have initiated a comprehensive survey examining the growing concerns surrounding arbitrator liability and insurance protection. The survey aims to collect data on current insurance practices, coverage types, and arbitrators' perspectives on risks and protections in response to the increasing frequency of claims and threats against arbitrators. As noted by FCIArb Arbitrator, Edna Sussman, ‘Increasing attention is being paid to the subject of protection for arbitrators in the performance of their duties. The survey, which explores insurance coverage for arbitrators and related subjects, is intended to develop data to inform further action. The more robust the response, the more useful the survey will be. Every arbitrator should complete this 7 minute survey.’

Law360: Pension savers are amenable to the use of artificial intelligence (AI) in customer services for pension provision, citing AI's advantages of round-the-clock availability, automation and improved accuracy, a study has found.

Where a lease of a commercial property contains a repairing covenant on the part of the tenant, it is commonly the case that as part of lease renewal negotiations, the state of the premises will be examined by a surveyor and a schedule of dilapidations be drawn up. The purpose of the schedule is to set out where there is a requirement for work to be carried out in order to comply with the repairing covenants in the lease, or to carry forward the existing dilapidation liability into the renewal lease, if the works are not going to be carried out at that stage. The purpose of the schedule is to establish the

The answer to this question is likely to depend on two issues: • First, what does the lease require for determination of the rent? Many leases will require only that the landlord and tenant 'agree' the new rent, but some may require a degree