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02 March 2012 / Phillip Morgan
Issue: 7503 / Categories: Opinion , Media
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No place to hide?

Phillip Morgan reports on striking a balance between law, tactics & the media

Lawyers and insurers often think with blinkers, unaware of how their actions will be portrayed by the press. A good tactical decision in litigation can be a major public relations disaster. All major concerns should take care over their media profile. The media controls public perceptions, it is a tool used by pressure groups, campaigners, marketers, and politicians alike to exert influence and to weaken their opponents by ensuring that it is their message that dominates. The importance of influence and the media is now a significant consideration in any military campaign. In making litigation decisions, lawyers should consider the media coverage of their course of conduct and its impact on their client. Where possible, they should ensure that their conduct of the case, when reported by the media, is not open to manipulation by opponents, or portrayed in a significantly negative fashion.

A case in point

The media coverage of JGE v The Trustees of the Portsmouth Roman Catholic

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Birketts—Nathan Evans

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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