Skip to main content

Advertising & Marketing Disputes

Lewis Silkin’s disputes team have years of unsurpassed experience in all types of advertising & marketing disputes, acting for advertisers, agencies, production companies and media owners.

Our experience includes:

  • making and defending ASA and other regulatory challenges through judicial review when necessary
  • bringing and defending competitor complaints particularly in relation to comparative advertising
  • dealing with consumer claims and trading standards’ investigations
  • disputes over plagiarism and other IP infringements and defamation
  • fallings out between advertisers and agencies over service or transparency issues
  • contractual claims involving the production and dissemination of advertising and marketing materials

We also have expertise in relation to digital, online and social media advertising which often involves cutting-edge data protection, privacy and regulatory issues.  In addition, we are often involved in employment, corporate and real estate related disputes in the advertising & marketing sectors, such as employee and discrimination claims, shareholder and SPA warranty matters and issues over property leases or planning permissions for advertising sites. 

Related items

Enforcing arbitral awards in England & Wales

12 December 2017

Where a party has obtained a favourable arbitration award in a jurisdiction other than England and Wales and the respondent to those arbitration proceedings has assets in this jurisdiction, the successful party may wish to enforce the arbitration award here. This guide will consider the steps that the successful party must take in order to be able to do so.

Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client

12 December 2017

The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.

Plain packaging: who's next?

16 October 2017

Senior Associate, Alan Hunt has been quoted in an article for The Grocer which assesses how the plain packaging of tobacco might impact other UK product branding.

A guide to the litigation process

15 August 2017

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

"No veneer in 'ere": separating the wood from the MDF

07 August 2017

In what is a highly unusual volte-face, an advertiser has succeeded in turning the tables on the Advertising Standards Authority (ASA).

Service of a claim form on an agent - was it valid?

22 June 2017

In a recent case the High Court considered as a preliminary issue whether a claimant had validly served a claim form on what they considered was the agent of the claimant. The rules of service require that the defendant must be served at the place within the jurisdiction where it conducts business, or where it carries on its activities and which has a real connection with the claim. Therefore the question here was whether the agent’s office was a place at which the defendant conducted its business, or where it carried on its activities?

Mediation

14 June 2017

Mediation is a common method of alternative dispute resolution (‘ADR’). It is a consensual process, with any settlement having to be agreed by both parties.

Disclosure: avoiding the pitfalls

22 May 2017

This guide provides you with a general introduction to the obligations of disclosure in Court proceedings. The rules governing disclosure are found in the Civil Procedure Rules Part 31 and the surrounding case law. This guide will highlight the main points you need to know, consider the problems often encountered and offer some practical tips.

Back To Top