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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. 

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Plain packaging: who's next?

16 October 2017

Senior Associate, Alan Hunt has commented 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.

Jurisdiction Challenges

22 May 2017

Where a claim is litigated can be very important. This inbrief provides you with a guide on how to challenge the jurisdiction of the English courts if a claim is started here. We also highlight the steps that can be taken in England if a claim is commenced elsewhere, even though you believe it should be litigated or arbitrated in England.

Marathon Asset misses the jackpot again

12 April 2017

After being awarded only £2 in nominal damages in its breach of confidence case, Marathon Asset has been heavily penalised on costs after failing to accept the defendants’ Part 36 offer.

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