Advertising in UK Law

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Leading Cases
  • R (Animal Defenders International) v Secretary of State for Culture, Media and Sport
    • House of Lords
    • 12 Mar 2008

    In the present context it should in my opinion be given great weight, for three main reasons. Thirdly, legislation cannot be framed so as to address particular cases. A general rule means that a line must be drawn, and it is for Parliament to decide where. The drawing of a line inevitably means that hard cases will arise falling on the wrong side of it, but that should not be held to invalidate the rule if, judged in the round, it is beneficial.

  • R (Animal Defenders International) v Secretary of State for Culture, Media and Sport
    • Queen's Bench Division (Administrative Court)
    • 04 Dez 2006

    In summary, the necessity for restrictions on political/social advocacy broadcast advertising outside elections periods has been convincingly shown. It is necessary to protect the rights of others through preventing undue access to the broadcast media based on willingness and ability to pay. At root it supports the soundness of the framework for democratic public debate. The broadcast media remain pervasive and potent throughout the period between elections.

  • Westminster City Council v Secretary of State for Housing Communities and Local Government
    • Queen's Bench Division (Administrative Court)
    • 05 Fev 2019

    I do not consider that the evidence here could permit of any conclusion other than that the kiosk served a dual purpose. Part of its purpose was for the operator's network, as a telephone kiosk. There was no suggestion from the DL or the parties that the Inspector had or could have considered the advertising panel, for which separate consent had to be obtained, to be legally insignificant or merely incidental to the telecommunications use.

  • O2 Holdings Ltd v Hutchison 3G UK Ltd (Application for Interim Injunction)
    • Chancery Division
    • 09 Nov 2004

    It is right that bubbles, although bubbles by no means identical to the bubbles in this advertisement, have been used extensively by the claimants and I am left with what may only be a lawyer's strong suspicion that the defendant have used the bubbles as a way of emphasizing the unfavourable nature of the comparison which is being made, an impression which is reinforced by the fact that the bubbles appear in black and white, or more accurately in shades of dark grey, rather than the rather more cheerful blue colour of the claimants' own advertisements.

  • Ocean Outdoor UK Ltd v The London Borough of Hammersmith and Fulham
    • Queen's Bench Division (Technology and Construction Court)
    • 28 Set 2018

    Secondly, the advertising from the Two Towers is not required by, or provided for, the Council. The grant of planning permission for advertising and permitted use under the New Leases do not constitute a request for advertising by the Council. The Council derives income from the rent paid under the New Leases but such income is consideration for possession and use of the land.

    The New Leases are contracts for the rental of land within the meaning of regulation 10(11) of the CCR 2016. It has permission to use those structures for the display of static advertising and to sell the advertising space to third parties but that does not change the nature of the transaction as one for the rental of land.

  • Interflora, Inc. and Another v Marks and Spencer Plc and Another
    • Chancery Division
    • 12 Jun 2013

    "It is appropriate to protect all consumers from unfair commercial practices; however the Court of Justice has found it necessary in adjudicating on advertising cases since the enactment of Directive 84/450/EEC to examine the effect on a notional, typical consumer.

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Books & Journal Articles
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Law Firm Commentaries
  • Socially responsible advertising
    • LexBlog United Kingdom
    On April 6, 2016, the UK’s Advertising Standards Authority considered a complaint made against Guccio Gucci SpA regarding a video, which originally appeared on the website at  T...
  • Common Advertising Mistakes
    • JD Supra United Kingdom
    A substantial number of companies continue to find themselves repeatedly breaching the same CAP Code rules. The list below highlights: (a) common repeated offences that CAP continue to adjudicate; ...
  • Has Brexit Made British Advertising Nationalistic?
    • Mondaq UK
  • ASA Report on Green Advertising
    • LexBlog United Kingdom
    The UK Advertising and Standards Agency (ASA) has recently published a report in response to an increase in consumer complaints regarding misleading environmental claims in advertisements. Companie...
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