Cityfibre Ltd, R (On the Application Of) v The Advertising Standards Authority Ltd & Anor
The ASA did not err in law or act irrationally in its application of the average consumer test; it was entitled to rely on qualitative research reflecting the understanding of the target consumer group and exercised its expert judgment appropriately. The claim is dismissed.
Source-derived case information.
- Parties
- Claimant: CityFibre Limited; Defendant: Advertising Standards Authority Limited; Defendant: Advertising Standards Authority (Broadcast) Limited; Intervener: Hyperoptic Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2019
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Misleading Advertising, Average Consumer Test, Judicial Review, Advertising Regulation
Source-derived case record
Summary, issues, holding and outcome
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Parties
CityFibre Limited
Claimant
Advertising Standards Authority Limited
Defendant
Advertising Standards Authority (Broadcast) Limited
Defendant
Hyperoptic Ltd
Intervener
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the ASA erred in law in its application of the 'average consumer' test regarding 'fibre' claims in broadband advertising
- 2 Whether the ASA's decision was irrational based on the evidence before it
Ratio Decidendi
The ASA did not err in law or act irrationally in its application of the average consumer test; it was entitled to rely on qualitative research reflecting the understanding of the target consumer group and exercised its expert judgment appropriately. The claim is dismissed.
Court Disposition
Claim dismissed
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