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Expansion of Litigation PR in London After 1992

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Litigation Communication

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Abstract

The decade of the 1990s witnessed the dramatic rise of high-profile individuals and large firms in England in big conflicts and serious disputes, with problems concerning reputation. The new business climate after the Thatcherite deregulation, and the review of procedural laws, especially from 1997 onward, became very attractive for Litigation PR, the new PR branch.

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Notes

  1. 1.

    Libel capital and libel tourism are terms first used by Geoffrey Robertson QC, to describe a form of choice by plaintiffs to file libel suits in jurisdictions considered more likely to give a favourable result. It particularly refers to the filing of a defamation case in England in preference to other jurisdictions.

  2. 2.

    It is the magazine of solicitors’ Law Society in England and Wales.

  3. 3.

    Interview with Jon McLeod, London, 02/12/2009.

  4. 4.

    It had already been introduced in our account on the main attributes of the new branch.

  5. 5.

    He is Chairman, Corporate Communications & Public Affairs and Head of Weber Shandwick Legal. This unit is part of the world’s leading public relations consultancy.

  6. 6.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  7. 7.

    He worked for Lazard Brothers & Co. Investment Bank for about 2 years.

  8. 8.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  9. 9.

    Interview with Richard Elsen, London, 01/12/2009.

  10. 10.

    Elliott v Saunders and Liverpool FC (unreported) 10 June 1994; Halsbury’s Laws of England 1994, Annual Abridgement, paragraph 2056.

  11. 11.

    The case was considered to close the door to sports injury claims. However, “Justice Drake made it clear in his judgment that every case depends on its own facts and that the decision would not prevent other actions from being brought.” Available from http://www.thelawyer.com/john-smith-replays-recent-football-decisions/81206.article [Accessed: 25 July 2011].

  12. 12.

    Available from: http://www.independent.co.uk/opinion/crunch-match-of-wigs-v-tracksuits-1439114.html [Accessed: 18 June 2011].

  13. 13.

    Sources on the case are available from: http://www.timkevan.com/articles/jpil2001.html; http://www.footballsquads.co.uk/eng/1993-1994/faprem/chelsea.htm [Accessed: 18 June 2011]; and Entertainment Law, Vol.1, No.1, Spring 2002.

  14. 14.

    Lord Woolf L.C.J., Judge and Tuckey L.J.J. Entertainment Law, Vol.1, No.1, Spring 2002, pp. 107–108.

  15. 15.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  16. 16.

    Interview with Richard Elsen, London, 01/12/2009, telephone interview with George Pitcher, 16/08/2011, Interview with Melanie Riley, London, 04/12/2009.

  17. 17.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  18. 18.

    Manoukian v. Prince Jefri of Brunei, was a civil fraud and contractual dispute settled during trial in March 1998.

  19. 19.

    Available from: http://www.independent.co.uk/news/richest-mans-brother-branded-a-liar-in-case-that-could-expose-secrets-of-brunei-royalty-1143914.html [Accessed: 3 Aug 2011].

  20. 20.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  21. 21.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009. Additional information is available from: http://www.independent.co.uk and http://en.wikipedia.org/wiki/Jefri_Bolkiah and http://www.thefreelibrary.com/_/print/PrintArticle.aspx?id=60790575 [Accessed: 3 July 2011].

  22. 22.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  23. 23.

    Brunei prince branded a liar in pounds 80m lawsuit, The Birmingham Post, February 13, 1998, Available from: http://www.thefreelibrary.com/_/print/PrintArticle.aspx?id=60790575 [Accessed: 3 July 2011].

  24. 24.

    Available from: http://www.independent.co.uk/news/richest-mans-brother-branded-a-liar-in-case-that-could-expose-secrets-of-brunei-royalty-1143914.html [Accessed: 3 July 2011].

  25. 25.

    Available from: http://www.independent.co.uk/news/richest-mans-brother-branded-a-liar-in-case-that-could-expose-secrets-of-brunei-royalty-1143914.html [Accessed: 3 July 2011].

  26. 26.

    Available from: http://www.independent.co.uk/news/brother-of-worlds-richest-man-had-unlimited-tastes-1144380.html [Accessed: 3 July 2011].

  27. 27.

    They claimed he invited prostitutes from around the world and led a wildly extravagant lifestyle.

  28. 28.

    Available from: http://www.independent.co.uk/news/brother-of-worlds-richest-man-had-unlimited-tastes-1144380.html [Accessed: 3 July 2011].

  29. 29.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  30. 30.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  31. 31.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009 and Prince Jefri settles multimillion-dollar civil case out of court, AP Online March 17, 1998, available from: http://www.highbeam.com/doc/1P1-19778486.html/print [Accessed: 3 July 2011].

  32. 32.

    Available from: http://www.independent.co.uk/news/prince-jefri-of-brunei-settles-out-of-court-in-pounds-180m-claim-1150616.html [Accessed: 3 Aug 2011].

  33. 33.

    Access To Justice by The RH the Lord Woolf, Master of the Rolls (Final Report to the Lord Chancellor on the civil justice system in England and Wales), July 1996, available from: http://www.dca.gov.uk/civil/final/index.htm [Accessed: 21 March 2011].

  34. 34.

    Earlier chapters described the legal context and introduced the reforms starting from 1997. R.H. The Lord Woolf, Master of the Rolls started to consolidate the existing rules of civil procedure. The reforms were based on two detailed reports managed by Lord Woolf (June 95 and July 96). As a result of the reform, the Civil Procedural Rules (CPR) used by the Court of Appeal, High Court and County Courts in civil cases in England and Wales changed and new rules came into force on 26 April 1999.

  35. 35.

    The new rules have provided a clearer structure to litigation, greater openness and have made settlements easier to achieve since 1999. This point was really crucial from the point of Litigation PR practice. Lord Woolf intended the reform, called Civil Procedural Rules (CPR), as a solution to “build on and increase the benefits of early but well informed settlement which genuinely satisfy both parties to the dispute” (Woolf 1996). Therefore managing the case not only in court but in the court of public opinion became a crucial part of the legal strategy.

  36. 36.

    These rules aimed to encourage the exchange of early and full information, and enabled parties to avoid litigation by agreeing a settlement of the claim before commencing proceedings. The parties were encouraged to seek non-judicial means (Alternative Dispute Resolution) of resolving the dispute. Access To Justice by The RH the Lord Woolf, Master of the Rolls (Final Report to the Lord Chancellor on the civil justice system in England and Wales), July 1996, available from: http://www.dca.gov.uk/civil/final/index.htm [Accessed: 21 March 2011].

  37. 37.

    Access To Justice by The RH the Lord Woolf, Master of the Rolls (Final Report to the Lord Chancellor on the civil justice system in England and Wales), July 1996, available from: http://www.dca.gov.uk/civil/final/index.htm [Accessed: 21 March 2011].

  38. 38.

    They can agree to share the risk of the litigation.

  39. 39.

    Interview with Jonathan Hawker, London, 01/12/2009.

  40. 40.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  41. 41.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  42. 42.

    Interview with Richard Elsen, London, 01/12/2009.

  43. 43.

    Interview with Richard Elsen, London, 01/12/2009.

  44. 44.

    Interview with Jonathan Hawker, London, 01/12/2009.

  45. 45.

    Interview with Jonathan Hawker, London, 01/12/2009.

  46. 46.

    Such as the trouble, expense and possible adverse publicity of defending the case.

  47. 47.

    Usually, these are communicated by litigation communication practitioners.

  48. 48.

    Interview with Richard Elsen, London, 01/12/2009.

  49. 49.

    Available from: http://www.bell-yard.com/bell_yard_press08_.php [Accessed: 21 March 2011].

  50. 50.

    Interview with Melanie Riley, London, 04/12/2009.

  51. 51.

    Interview with Richard Elsen, London, 01/12/2009, Telephone interview with Stephen Lock, Moscow, 27/11/2009 and Interview with Jonathan Hawker, London, 01/12/2009.

  52. 52.

    Interview with Jon McLeod, London, 02/12/2009.

  53. 53.

    As seen earlier, jury trials in England are, generally, for criminal cases. There are no juries in civil cases except libel and inquests. Due to the strict rules, Litigation PR, predominantly, works in civil actions, run by a judge. So Litigation PR practitioners are not trying to influence a jury either directly in the court or more widely in the court of public opinion. Moreover, influencing members of the jury is illegal in England. For instance, in the course of a trial jury members are told not to read newspapers.

  54. 54.

    In a defamation case, slander for transitory statements and libel for written or broadcast statements are the communication of statements that make a claim, expressly stated or implied to be factual.

  55. 55.

    These statements make ordinary people think less of that person. It doesn’t matter whether the statement is intended to be defamatory. Ultimately a jury (or sometimes a judge) will decide what the statement is saying about the individual and whether it has unjustifiably injured his reputation. The common link is the reputation of the person or business about whom the statement is made.

  56. 56.

    Interview with Jon McLeod, London, 02/12/2009 and Interview with Jonathan Hawker, London, 01/12/2009.

  57. 57.

    See for example the work of tabloids, such as the Sun, available from: http://www.thesun.co.uk/sol/homepage/, The Daily Mirror, available from: http://www.mirror.co.uk/ and the News of the World, available from: http://www.newsoftheworld.co.uk/. At one time NOTW was the biggest selling English language newspaper in the world. NOTW printed its final edition on 10 July 2011 following the so-called ‘phone hacking scandal’ when employees were accused of engaging in phone hacking in the pursuit of stories.

  58. 58.

    Interview with Jonathan Hawker, London, 01/12/2009.

  59. 59.

    Due to the urgent need of litigation lawyers and clients who were subjects of intense media scrutiny.

  60. 60.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  61. 61.

    Interview with Melanie Riley, London, 04/12/2009.

  62. 62.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  63. 63.

    Interview with Melanie Riley, London, 04/12/2009.

  64. 64.

    The contribution of Mr. Lock to these cases can be seen in different articles available from: Tommy Hilfiger signs Ludgate for Tesco battle, available from http://www.brandrepublic.com/news/92983/; Tommy v Tesco, available from http://www.independent.co.uk/life-style/tommy-v-tesco-1164994.html; Sainsbury’s faces Nike action, available from http://www.independent.co.uk/news/business/sainsburys-faces-nike-action-1174357.html; Business: The Company File Nike claims victory over Sainsbury ‘fakes’, available from http://news.bbc.co.uk/2/hi/business/158942.stm [Accessed: 21 March 2011].

  65. 65.

    Interview with Richard Elsen, London, 01/12/2009.

  66. 66.

    Elite Model Management Corp.and others v British Broadcasting Corporation (2001).

  67. 67.

    Bell Yard Info, available from: http://www.bell-yard.com/bell_yard_people.php [Accessed: 21 April 2010].

  68. 68.

    Available from: http://www.guardian.co.uk/media/1999/nov/25/mondaymediasection.broadcasting [Accessed: 21 April 2010].

  69. 69.

    Available from: http://www.5rb.com/casereports/caseProfile.asp?case=Elite-Model-Agency-v-BBC, http://en.wikipedia.org/wiki/Elite_Model_Management and http://www.guardian.co.uk/media/2001/jun/12/broadcasting.bbc3 [Accessed: 21 April 2010].

  70. 70.

    Available from: http://www.guardian.co.uk/media/2001/jun/12/broadcasting.bbc3 [Accessed: 21 April 2010].

  71. 71.

    Interview with Melanie Riley, London, 04/12/2009.

  72. 72.

    Available from: http://www.guardian.co.uk/media/2001/jun/12/broadcasting.bbc3 [Accessed: 21 April 2010].

  73. 73.

    Living with Michael Jackson was a documentary prepared by British journalist Martin Bashir of Granada Television. Bashir interviewed Michael Jackson from May 2002 to January 2003. The documentary begins at the Neverland Ranch, where Jackson and Bashir tour the estate’s grounds and were talking about the songs and lyrics composed by Jackson. After Neverland, Bashir followed him almost everywhere. Jackson spoke about his love life, his changing appearance, and his children. Bashir met the Jackson children Prince and Paris, who wore masks to conceal their appearance. Jackson then went to Berlin, Germany. This is where the infamous “baby dangling” incident occurred. Back in Neverland, Jackson reveals to Bashir that not only does he invite disadvantaged children to his ranch, but he lets them stay in his bed while he sleeps on the floor or let the kids have the bed while he slept on the floor. In the film a boy was shown holding hands with Jackson and resting his head on Jackson’s shoulder (Telephone interview with Stephen Lock, Moscow, 27/11/2009; Interview with Melanie Riley, London, 04/12/2009; BBC News, 15/06/2005).

  74. 74.

    Interview with Melanie Riley, London, 04/12/2009.

  75. 75.

    Michael Jackson & MJJ Productions v Granada (2003).

  76. 76.

    Interview with Melanie Riley, London, 04/12/2009 and available from: http://bell-yard.com/bell_yard_press14_.php and http://www.dailymail.co.uk/news/article-165403/Jackson-sues-Granada.html and http://entertainment.co.uk/tol/arts_and_entertainment/music/article6586855.ece [Accessed: 21 April 2010].

  77. 77.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  78. 78.

    Interview with Melanie Riley, London, 04/12/2009.

  79. 79.

    Interview with Melanie Riley, London, 04/12/2009.

  80. 80.

    Interview with Melanie Riley, London, 04/12/2009 and available from: http://bell-yard.com/bell_yard_press14_.php and http://www.dailymail.co.uk/news/article-165403/Jackson-sues-Granada.html [Accessed: 21 April 2010].

  81. 81.

    Available from: http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article6586855.ece [Accessed: 21 April 2010].

  82. 82.

    Interview with Melanie Riley, London, 04/12/2009.

  83. 83.

    Interview with Melanie Riley, London, 04/12/2009.

  84. 84.

    Bell Yard Info, available from: http://www.bell-yard.com/bell_yard_people.php [Accessed: 21 April 2010].

  85. 85.

    As we saw, the firm was co-founded by Ms. Riley and Richard Elsen in 2002.

  86. 86.

    Interview with Jonathan Hawker, London, 01/12/2009.

  87. 87.

    Steven Horkulak v Cantor Fitzgerald International (High Court 31 July 2003).

  88. 88.

    Interview with Melanie Riley, London, 04/12/2009.

  89. 89.

    Available from: http://www.personneltoday.com/articles/2005/03/01/31177/horkulak-v-cantor-fitzgerald-court-of-appeal.html; http://www.veitchpenny.com/employment-updates/employment-update/steven-horkulak-v-cantor-fitzgerald-international-high-court-31-july-2003/menu-id-147.html [Accessed: 4 July 2011].

  90. 90.

    Available from: http://www.personneltoday.com/articles/2005/03/01/31177/horkulak-v-cantor-fitzgerald-court-of-appeal.html; http://www.veitchpenny.com/employment-updates/employment-update/steven-horkulak-v-cantor-fitzgerald-international-high-court-31-july-2003/menu-id-147.html [Accessed: 4 July 2011].

  91. 91.

    See for example, David Black, City dealer driven to drink and drugs by bully boss wins £1m, Available from: http://www.guardian.co.uk/business/2003/aug/01/uknews [Accessed: 4 July 2011].

  92. 92.

    Available from: http://www.bell-yard.com/horkulak_cantor_fitzgerald.php [Accessed: 4 July 2011].

  93. 93.

    Interview with Melanie Riley, London, 04/12/2009.

  94. 94.

    See for example, Katherine Griffiths, Derhalli claims bank used ex-KGB spies, available from: http://www.independent.co.uk/news/business/news/derhalli-claims-bank-used-exkgb-spies-598267.html?service=Print [Accessed: 4 July 2011].

  95. 95.

    Derhalli v Lehman Brothers & Others (2003).

  96. 96.

    Available from: http://www.guardian.co.uk/uk/2003/mar/04/simonbowers, and http://www.prweek.com/news/174393/CAMPAIGN-Litigation-PR---Derhalli-team-sets-medias-tone-court; http://www.independent.co.uk/news/business/news/derhalli-claims-bank-used-exkgb-spies-598267.html?service=Print [Accessed: 4 July 2011].

  97. 97.

    Interview with Melanie Riley, London, 04/12/2009.

  98. 98.

    Interview with Melanie Riley, London, 04/12/2009.

  99. 99.

    Interview with Melanie Riley, London, 04/12/2009.

  100. 100.

    Available from: http://www.guardian.co.uk/uk/2003/mar/04/simonbowers [Accessed: 4 July 2011].

  101. 101.

    Available from: http://www.prweek.com/news/174393/CAMPAIGN-Litigation-PR---Derhalli-team-sets-medias-tone-court [Accessed: 4 July 2011].

  102. 102.

    Interview with Melanie Riley, London, 04/12/2009.

  103. 103.

    Available from: http://www.prweek.com/news/174393/CAMPAIGN-Litigation-PR---Derhalli-team-sets-medias-tone-court [Accessed: 4 July 2011].

  104. 104.

    Interview with Melanie Riley, London, 04/12/2009.

  105. 105.

    Available from: http://www.bell-yard.com/litigation_pr_expertise.php [Accessed: 4 July 2011].

  106. 106.

    Interview with Sue Stapely, London, 02/12/2009.

  107. 107.

    Interview with Sue Stapely, London, 02/12/2009.

  108. 108.

    Recently, she works with Quiller Consultants as well as advising her own clients.

  109. 109.

    Interview with Sue Stapely, London, 02/12/2009.

  110. 110.

    R. v Clark, [2000] EWCA Crim 54).

  111. 111.

    Available from: Second appeal (http://www.bailii.org/ew/cases/EWCA/Crim/2003/1020.html), R. v Clark, [2003] EWCA Crim 1020, 11 April 2003, from BAILII [Accessed: 21 March 2011].

  112. 112.

    Available from: http://www.sallyclark.org.uk/, and http://www.bailii.org/ew/cases/EWCA/Crim/2000/54.html), R. v Clark, [2000] EWCA Crim 54, 2 October 2000, from BAILII [Accessed: 21 March 2011].

  113. 113.

    Interview with Sue Stapely, London, 02/12/2009.

  114. 114.

    Interview with Sue Stapely, London, 02/12/2009.

  115. 115.

    Interview with Sue Stapely, London, 02/12/2009.

  116. 116.

    Interview with Sue Stapely, London, 02/12/2009.

  117. 117.

    Available from: First appeal (http://www.bailii.org/ew/cases/EWCA/Crim/2000/54.html), R. v Clark, [2000] EWCA Crim 54, 2 October 2000, from BAILII [Accessed: 21 March 2011].

  118. 118.

    Available from: Second appeal (http://www.bailii.org/ew/cases/EWCA/Crim/2003/1020.html), R. v Clark, [2003] EWCA Crim 1020, 11 April 2003, from BAILII [Accessed: 21 March 2011].

  119. 119.

    For more information on Henry Gewanter please refer to one of the previous sections of this account.

  120. 120.

    For more details please refer to the homepage, http://www.sallyclark.org.uk.

  121. 121.

    In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest court in the United Kingdom. The Supreme Court was opened in Parliament Square, London. The Supreme Court is the final court of appeal in the UK for civil cases. It hears appeals in criminal cases from England, Wales and Northern Ireland. Available from: http://www.supremecourt.gov.uk/ [Accessed: 21 March 2011].

  122. 122.

    Available from: http://www.prweek.com/news/756217/Televised-courtrooms-change-legal-roles/ [Accessed: 21 March 2011].

  123. 123.

    The new rules are set out in The Family Proceedings (Amendment) (No. 2) Rules 2009 and The Family Proceedings Courts (Miscellaneous Amendments) Rules 2009.

  124. 124.

    Interview with Melanie Riley, London, 04/12/2009; Interview with Jonathan Hawker, London, 01/12/2009.

  125. 125.

    Interview with Sue Stapely, London, 02/12/2009.

  126. 126.

    In 2004, she was convicted of lying to investigators about a stock sale and served 5 months in prison. Her case drew heavy media scrutiny. Available from: http://en.wikipedia.org/wiki/Martha_Stewart#Stock_trading_case_and_conviction [Accessed: 23 May 2011].

  127. 127.

    Interview with Melanie Riley, London, 04/12/2009.

  128. 128.

    It is the work that a lawyer performs in a pending litigation, other than communication with the client. These are written materials, charts, notes of conversations and other materials directed toward preparation of a case protected from discovery by opposing counsel. These materials cannot be required to be introduced in court or otherwise revealed to the other party (Telephone interview with Stephen Lock, Moscow, 27/11/2009).

  129. 129.

    The privilege is covering confidential communications between the client and the lawyer for the purpose of furnishing or obtaining professional legal advice (Interview with Dan Tench, London, 13/01/2010).

  130. 130.

    Interview with Sue Stapely, London, 02/12/2009.

  131. 131.

    Information protected by the ‘Attorney-Client privilege’ is (almost) never available for discovery. ‘Attorney work product doctrine’ is available if the opposing party can show that justice would be denied if the work product has been unavailable (Telephone interview with Stephen Lock, Moscow, 27/11/2009, Interview with Melanie Riley, London, 04/12/2009 and Interview with Richard Elsen, London, 01/12/2009).

  132. 132.

    Connection between lawyers and clients is absolute privileged so in general, it cannot be brought to court.

  133. 133.

    Interview with Jonathan Hawker, London, 01/12/2009.

  134. 134.

    Interview with Richard Elsen, London, 01/12/2009.

  135. 135.

    Interview with Richard Elsen, London, 01/12/2009.

  136. 136.

    R (Smith) v Secretary of State for Defence & Anor [2010] UKSC 29.

  137. 137.

    Solicitor Partner Jocelyn Cockburn represented Catherine Smith who launched legal action against the MoD regarding the death of her son. Private Jason Smith was deployed to Iraq in June 2003. He repeatedly told army medical staff that he was feeling seriously unwell due to the temperature. He reported sick in August 2003. Four days later he suffered a cardiac arrest and was pronounced dead from hyperthermia within an hour. Mrs Smith contended that her son’s right to life had been breached by the failure of the Government. In this case Catherine Smith has also struggled to ensure better protection of soldiers’ rights. Additional information is available from: http://www.hja.net/legal-news/hja-news/jocelyn-cockburn-wins-pi-award.aspx; http://www.equalityhumanrights.com/legal-and-policy/legal-updates/the-smith-case/; http://www.dailymail.co.uk/news/article-1290813/Soldiers-human-rights-protection-ruling-quashed-Supreme-Court.html; http://www.bbc.co.uk/news/10450556; http://www.byfieldconsultancy.com/case-studies/mod-snatch-land-rover [Accessed: 18 March 2011]; R (Smith) v Secretary of State for Defence & Anor [2010] UKSC 29 is available from: http://ukscblog.com/r-smith-v-secretary-of-state-for-defence-anor-2010-uksc-29 [Accessed: 18 March 2011].

  138. 138.

    Available from: http://www.byfieldconsultancy.com/case-studies/mod-snatch-land-rover [Accessed: 18 March 2011]; Interview with Richard Elsen, London, 01/12/2009.

  139. 139.

    Available from: http://www.byfieldconsultancy.com/case-studies/mod-snatch-land-rover [Accessed: 18 March 2011]; Interview with Richard Elsen, London, 01/12/2009.

  140. 140.

    He was first involved in a scientific research project at the Labour Campaign from 1995.

  141. 141.

    Available from: http://www.jures.co.uk/ [Accessed: 18 March 2011].

  142. 142.

    Interview with Richard Elsen, London, 01/12/2009.

  143. 143.

    Such as “Unequal before the law?” on the future of legal aid, “Are Lawyers Early Adopters?” (December 2010) a study identifying how lawyers use technology, “Direct Access to Barristers” (November 2010) on the evolution of the legal professions, “The new, new thing (November 2010) a study of the emerging market in third-party litigation funding or the “Pro bono: good enough?” (November 2010) study on the uneasy relationship between volunteer legal activity and access to justice. Available from: http://www.jures.co.uk/ [Accessed: 18 March 2011].

  144. 144.

    Interview with Melanie Riley, London, 04/12/2009.

  145. 145.

    Interview with Richard Elsen, London, 01/12/2009.

  146. 146.

    Available from: http://www.gdlaw.co.uk/news/Litigation-News/Recession.htm [Accessed: 21 April 2011].

  147. 147.

    Interview with Richard Elsen, London, 01/12/2009.

  148. 148.

    The changing environment, how legal and communications experts work and do business and a sort of public acceptance of marketing by law firms, as was introduced by The Legal Services Act 2007, will partly be relevant to Litigation PR too. All rules about giving rise to a more commercialized legal business inevitably will increase the incomes of the diverse legal communications fields. However, the reviews were mostly about the legal professions and the market over there. Rules, legislations in the legal business such as the Legal Services Act create opportunities for lawyers to talk about the law. However, as it was introduced, in terms of Litigation PR the Legal Services Act 2007, the so-called Tesco Law, does have only indirect effect on what’s going on in a court.

  149. 149.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  150. 150.

    At the time of writing this account most of then new trends and elements of the market were non-existent (e.g. televising courts had been only the first step towards a more dynamic Litigation PR practice in England). On the whole, we may say that the trends concerning litigations would be the real drivers behind the evolution of Litigation PR rather than the general legal market regulations.

  151. 151.

    As seen earlier, any government’s market deregulation directly would have not necessarily caused the rise of Litigation PR in England. Instead, we would have thought it more about access to justice, more litigation and the attitude and intensity of media attention as well as the public’s interest towards litigation and trial coverage.

  152. 152.

    Interview with Jonathan Hawker, London, 01/12/2009; Interview with Richard Elsen, London, 01/12/2009; Interview with Joshua Rozenberg, London, 03/12/2009.

  153. 153.

    Interview with Richard Elsen, London, 01/12/2009.

  154. 154.

    Available from: http://www.bell-yard.com/international.php [Accessed: 2 November 2011].

  155. 155.

    Interview with Tom Kingsley, London, 16/12/2009.

  156. 156.

    Telephone interview with Stephen Lock, Moscow, 27/11/2009.

  157. 157.

    Lehman Brothers Holdings Inc. (former NYSE ticker symbol LEH) was a global financial services firm (more details on Lehman are available from: http://www.library.hbs.edu/hc/lehman/history.html). Before declaring bankruptcy in 2008, Lehman was the fourth largest investment bank in the USA (behind Goldman Sachs, Morgan Stanley, and Merrill Lynch), doing business in investment banking, equity and fixed-income sales and trading, investment management, private equity, and private banking. On 15 September 2008, the firm filed for Chapter 11 bankruptcy protection following the massive exodus of most of its clients, drastic losses in its stock, and devaluation of its assets by credit rating agencies. The filing marked the largest bankruptcy in US history and is thought to have played a major role in the unfolding of the late-2000s crisis (Lehman Brothers, available from: http://en.wikipedia.org/wiki/Lehman_Brothers [Accessed: 2 November 2011]). The late-2000s financial crisis (often called the Global Recession, Global Financial Crisis or the Credit Crunch) is considered to be the worst financial crisis since the Great Depression of the 1930s. It resulted in the collapse of large financial institutions and downturns in stock markets around the world. In many areas, the housing market had also suffered. It contributed to the failure of key businesses, decline in consumer wealth and a significant decline in economic activity, leading to a severe global economic recession in 2008. Available from: http://news.bbc.co.uk/2/hi/business/7615931.stm [Accessed: 2 November 2011].

  158. 158.

    Nowadays, dispute management is a popular offer of Litigation PR practitioners.

  159. 159.

    During ADR parties would be encouraged to seek non-judicial possibilities of resolving the dispute such as pre-trial reviews, case management interviews.

  160. 160.

    Corby Group Litigation v. Corby Borough Council [2009]EWHC1944(TCC).

  161. 161.

    Interview with Melanie Riley, London, 04/12/2009.

  162. 162.

    Interview with Melanie Riley, London, 04/12/2009.

  163. 163.

    Interview with Melanie Riley, London, 04/12/2009. Also available from: http://www.bailii.org/ew/cases/EWHC/TCC/2009/1944.html;http://www.telegraph.co.uk/health/healthnews/7598590/Council-to-pay-out-millions-to-birth-defect-children.html, http://www.guardian.co.uk/society/2010/apr/16/corby-steelwords-compensation-fight, http://www.telegraph.co.uk/health/healthnews/5935420/Corby-birth-defect-ten-year-struggle-ends-in-victory-that-echoes-Erin-Brockovich.html, http://en.wikipedia.org/wiki/Corby_toxic_waste_case [Accessed: 18 May 2011].

  164. 164.

    Interview with Melanie Riley, London, 04/12/2009.

  165. 165.

    Erin Brockovich is an American environmental activist. As a legal clerk she constructed a case against the Pacific Gas and Electric Company (PG&E) in 1993. The case alleged contamination of drinking water in the southern California town of Hinkley where PG&E used hexavalent chromium to fight corrosion between 1952 and 1966. Some of the wastewater percolated into the groundwater. This affected an area near the plant. The case was settled in 1996 for US$333 million. “It was the largest settlement ever paid in a direct action lawsuit in US history.” Available from: http://en.wikipedia.org/wiki/Erin_Brockovich [Accessed: 18 May 2011]. The film, Erin Brockovich became world famous. It was a dramatization of the story of the American environmentalist. Her role was played by Julia Roberts. Available from: http://en.wikipedia.org/wiki/Erin_Brockovich_(film) [Accessed: 18 May 2011].

  166. 166.

    Available from: http://www.telegraph.co.uk/health/healthnews/5935420/Corby-birth-defect-ten-year-struggle-ends-in-victory-that-echoes-Erin-Brockovich.html [Accessed: 21 April 2011].

  167. 167.

    Interview with Melanie Riley, London, 04/12/2009.

  168. 168.

    Available from: http://www.bell-yard.com/corby.php [Accessed: 21 April 2011].

  169. 169.

    Available from: http://www.bell-yard.com/corby.php [Accessed: 21 April 2011].

  170. 170.

    Available from: http://www.telegraph.co.uk/health/healthnews/7598590/Council-to-pay-out-millions-to-birth-defect-children.html; and http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.b…/2/hi/uk_news/england/northamptonshire/8625442; http://www.guardian.co.uk/society/2010/apr/16/corby-steelwords-compensation-fight; http://www.telegraph.co.uk/health/healthnews/5935420/Corby-birth-defect-ten-year-struggle-ends-in-victory-that-echoes-Erin-Brockovich.html; http://en.wikipedia.org/wiki/Corby_toxic_waste_case [Accessed: 21 June 2011].

  171. 171.

    The new reforms were based on two detailed reports written by Lord Woolf (June 1995 and July 1996).

  172. 172.

    Originally, he was a BBC trainee and then worked for BBC and ITN as a television news reporter covering politics and current affairs.

  173. 173.

    FD is one of the world’s leading communications consultancies specialising in Financial PR, Public Relations and Financial Communications with over 700 people in more than 25 key markets. Available from: http://www.fd.com/en/homepage/about-us.aspx [Accessed: 18 February 2011].

  174. 174.

    Interview with Melanie Riley, London, 04/12/2009.

  175. 175.

    Interview with Jonathan Hawker, London, 01/12/2009.

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  1. University of Stirling, Scotland, UK

    Thomas Beke

  2. Buskerud University College, Hønefoss, Norway

    Thomas Beke

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Beke, T. (2014). Expansion of Litigation PR in London After 1992. In: Litigation Communication. Springer, Cham. https://doi.org/10.1007/978-3-319-01872-0_6

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