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.
This is my advice. By the way, it might be wrong!05 March 2018
When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.
Early Specific Disclosure Applications – factors the court will consider22 January 2018
A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.
English courts and overseas defendants: jurisdiction challenges and the “two-fold test”15 January 2018
When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.
Compulsory mediation?11 January 2018
In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.
Disclosure in English litigation: a sea change is coming09 January 2018
English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.
Erosion of privilege – Law Society seeks to intervene08 January 2018
The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).
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 client12 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.
Enforcing arbitral awards in England & Wales12 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.