Peter Carter-Ruck
Peter Carter-Ruck and Partners
’To be sued can, in certain circumstances, be good PR but this depends
upon a number of factors. Firstly, what is the nature of the action? If
it is for fraud, it cannot be good PR. If it is for trespass or libel,
it might, in certain circumstances be good PR. Secondly, it depends upon
who is being sued. If it is an action for libel and the defendants are
Private Eye, it might be regarded as very good publicity. On the other
hand, if a highly respectable journal which relies on accuracy were
sued, it could have adverse consequences and a loss could prove
expensive.’
Barbara Cahalane
The Law Society
’Although publications such as Private Eye have turned being sued to
their advantage as reinforcing their anti-establishment image, being
sued is rarely good PR. Mud sticks. The average punter thinks there’s no
smoke without fire. It is essential to have a sound pre and post trial
communications strategy. A favourable outcome can provide an opportunity
to reinforce the image of your organisation or product.
Losing demands an immediate and sustained programme to rehabilitate your
credibility with stakeholders. It is essential to be prepared for both
no matter how strong you believe your defence to be.’
Michael Regester
Regester Larkin
’It depends on the seriousness of the issue. For example, if you are a
national newspaper being sued by a soap actor you have accused of being
boring, the perception of him being a bore will probably remain, even if
you lose the case. The newspaper’s reputation remains intact. On the
other hand, if you are a national newspaper sued by a leading politician
whom you have accused of being a liar, higher principles are at stake
and losing the defence could seriously damage the newspaper’s
credibility.’
Ed Vaizey
Consolidated Communications
’As a former barrister, I’m all in favour of suing. Litigation is
changing in this country, in the sense that it has now become part of
the communications mix. The decision to sue should be as much a tactical
decision as a legal one.
And indeed the outcome of the case can often hinge on how the publicity
is handled. A legal defeat can still be a PR victory, and you can make
up in publicity what you lose in court. Marco has been clever - even if
he had paid out he would still have saved money on his marketing
budget.’
