ThomannFischer updates

Severe uncertainty regarding procedural value of survey reports
  • Shipping & Transport
  • Switzerland
  • June 27 2018

Survey reports are an essential part of any claims handling process and an important factor in court proceedings. The Code on Civil Procedure provides for numerous clauses of admissible means of evidence. However, party assertions are not listed among these means of evidence. A recent Federal Supreme Court decision suggests that survey reports, at least if prepared by one party alone, could be considered as mere party assertions, thus rendering them useless in court.

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