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.
Dispute Resolution Update - January 201916 January 2019
Welcome to our January 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.
Court of Appeal finds no litigation privilege in internal emails discussing commercial settlement of dispute09 January 2019
The Court of Appeal has allowed an appeal by West Ham football club in its application to inspect certain emails sent internally amongst board members of E20 Stadium LLP (“E20”) and between E20’s board members and stakeholders, in respect of which E20 asserted litigation privilege. The emails were created with the dominant purpose of discussing the commercial settlement of E20’s dispute with West Ham over the club’s rights to use the London Olympic Stadium when litigation was in contemplation. The Court held that litigation privilege does not extend to documents concerned with the settlement or avoidance of litigation where the documents neither: (a) seek advice or information for the purpose of conducting litigation; nor (b) reveal the nature of such advice or information.
Litigation privilege and the ‘dominant purpose’ test: ENRC decision applied07 January 2019
Did last year’s landmark Court of Appeal decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”) alter the application of the ‘dominant purpose’ test for litigation privilege where a document is brought into existence for multiple purposes, one of which is for use in litigation? The answer is ‘no’, according to a recent decision by the High Court. The Court confirmed the well-established principle that, for a claim to litigation privilege to succeed where a document is created for more than one purpose, litigation must be shown to be the dominant purpose on the facts.
Encouraging ADR: Civil Justice Council publishes final report19 December 2018
Back in 2016, the Civil Justice Council (“CJC”) set up an alternative dispute resolution (“ADR”) working group to review the ways in which ADR currently is encouraged and positioned within the civil justice system in England and Wales. The terms of reference included the review of existing forms of encouragement for mediation (and other forms of ADR) in civil cases in the Civil Procedure Rules, case law and the powers of the court, to consider alternative forms of encouragement and assess proposals for reform. The Working Group has now published its final report.
Disclosure Pilot Scheme already making an impact as High Court orders list of “issues for disclosure”12 December 2018
The mandatory Disclosure Pilot Scheme may not start in the Business and Property Courts of England and Wales (“BPCs”) until 1 January 2019, but it seems the courts are already taking the new rules into account. In one reported case, the High Court has ordered a separate “list of issues for disclosure”, which will have to be jointly completed by the parties as part of the new Disclosure Review Document required under the Pilot Scheme.
Sohrab Daneshku writes for The Law Society Gazette: Witness statements – rip them up and start again?27 November 2018
Sohrab Daneshku has written an article for The Law Society Gazette which discusses the review led by Mr Jutice Popplewell into the rules on witness statements, including whether the rules should be changed and, if so, how.
Major overhaul to disclosure coming: are you ready?23 November 2018
Yesterday our commercial dispute resolution specialists Mark Lim and Paula Barry hosted a discussion about fundamental changes to the disclosure process that are due to come into force on 1 January 2019 as part of a two-year pilot scheme that will run in the Business & Property Courts across England and Wales.
Disclosure: avoiding the pitfalls22 November 2018
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.