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Faculty of Law (Faculteitskamer - A1.01). Topic: Establishing Truth in Court Proceedings in Relation to Economic Evidence. Doors open from 11.45, lunch will be served.

Event details of ACLE Economic Evidence in Legal Procedures Seminar: Anna Gerbrandy (Utrecht University)
Date 10 February 2014
Time 12:00 -13:15
Location Oudemanhuispoort
Room Faculty of Law: Oudemanhuispoort - Faculteitskamer - A1.01

Introduction:

In this research seminar in the ACLE series on Economic Evidence dr. Anna Gerbrandy will address the tension between, on the one hand, administrative courts’ mission to establish the truth of facts underlying their judgments and, on the other hand, the (im)possibility to fit elements of economic evidence in the everyday judicial fact-finding scheme.

Leaving aside philosophical musings about whether truth in general can be found, complications arise, for example, because economic evidence is not always aimed at discovering past facts, as evidence in most legal disputes would be, but quite often aimed at predicting probable future facts. Another complication may arise because complex economic assessments, for example in competition law cases, tend to lead an administrative court to allow a certain margin of discretion to the administrative authority, thus leaving the establishing the ‘truth’ of facts to the administrative level. Economic evidence might be presented by experts, raising the question of the relationship between these experts and the usually only legally trained members of the court.

These, and other, issues of the interplay between economic evidence and establishing truth in court proceedings will be discussed during the research seminar.

 

The discussed paper will be distributed among the seminar participants.

Oudemanhuispoort

Room Faculty of Law: Oudemanhuispoort - Faculteitskamer - A1.01

Oudemanhuispoort 4-6
1012 CN Amsterdam