Courting Publicity – The Public’s Right to Hear 

Last week saw the release of a Justice Committee report on a subject close to our hearts – Court Reporting in the Digital Age.  The report examines the barriers to open and transparent justice and the public’s right to learn of, or personally experience, cases heard across the justice system.

Its findings will come as no surprise to those of us, whether members of the media or general public, who seek access to civil and criminal court proceedings. The process of availing oneself of the written documents in a case to allow for a comprehensive understanding of the facts is truly antediluvian and seemingly deliberately opaque – made worse by the introduction of online only hearings. Finding out if reporting restrictions apply in a case can equally prove problematic.

Parliament deserves credit for at least recognising there is still, in 2023, an access and transparency problem in our judicial system and so commissioning the study. The principle that justice should be administered in public was rightly recognised throughout the report as paramount, to be restricted only in limited circumstances: “Fair, accurate and contemporaneous media reporting of proceedings should not be prevented by any action of the court unless strictly necessary” [para 5] and recognising “the media are the ‘eyes and ears of the public’ in court proceedings” [para 21]

Witnesses

Thoughtful and constructive submissions were received from representatives of all interested parties – the judiciary (from magistrates through to the Lord Chief Justice); representatives from HMCTS; journalists; academics; trade bodies; justice charities; media standards and investigative organisations; commercial legal information providers; solicitors and barristers.  

Together, they helped the Committee form a detailed set of conclusions and recommendations – that are likely to be totally overlooked by the MoJ for lack of funding.  Was it ever thus.

However, were they enacted in a parallel universe, the proposals may not solve all ills but would certainly improve the public’s exposure to justice meted out in its name. In the process, they might improve the public standing of both the judiciary and the media itself, tasked with reporting complex or disturbing cases but these days hampered by a combination of ignorance or antipathy to the rights of the public.  

The Information Gap

Witnesses gave troubling evidence that publishers have significantly cut back on funding for reporting court cases, both locally and nationally, despite the obvious interest in their outcomes.  Few can afford to send reporters to attend court daily throughout a trial, without a guarantee that copy will be filed.   

This, of course, means the information gap can usefully be filled by litigation PR experts – our job is sometimes to alert media to, other times to educate journalists on our clients’ cases, highlighting the positive, mitigating the negative, not just through trial or post judgment, but most usefully throughout the litigation timetable. 

Sometimes, and rather less welcomingly, this information gap risks being filled in criminal cases by the police and CPS, whose press releases, we are told, are not always wholly accurate, despite an increased reliance by journalists on their content [para 28].

Solutions

So what should be done to improve transparency? The most obviously pressing recommendation is the improved use of IT in both recording and disseminating information on hearings, case files, judgments and appeals.  

  • A single digital portal is recommended which the media and public could use to access information. The US PACER (public access to court electronic records) system should be its model. It should include a centralised database of reporting restrictions on cases.
  • AI-powered transcription could be piloted to see whether this could reduce the cost of producing court transcripts. Sentencing remarks in Magistrates Courts might be routinely transcripted but all Crown Court sentencing remarks should be.
  • The Lord Chancellor and Lord Chief Justice should publish a paper setting out the public’s right to witness court hearings and have access to relevant documentation in the digital age.
  • MPs and education establishments should be encouraged to visit their local courts to develop a truer understanding of how they operate.
  • With respect to the family courts, there should be a review of section 12 of the Administration of Justice Act 1960. Section 12 should be replaced with a much more targeted measure that respects the principle of open justice.
  • Care must be taken in the digital age (particularly given the rise in citizen journalism where individuals are not trained in the specialism of court reporting), to uphold the principles of fairness and quality of justice.
  • The new Reporters’ Charter is welcomed, but there should be a similar one for the public setting out social rights and responsibilities when it comes to accessing information from the court.
  • His Majesty’s Court and Tribunal Service should ensure that the requisite resources are provided to enable the establishment of an anonymisation unit that facilitates the publication of at least 10% of Family Court judgments without the risk of identification of the parties involved.

So there’s much that could, and should, be done to maintain the public’s right to witness personally, or by proxy, the vital work of the courts in England and Wales. Until then, if you want your case heard and for it to have half a chance of being accurately reflected, give us a call!

By Melanie Riley

Tuesday 24th January 2023

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BrewDog PR Hypocrisy Puts Brand in the Doghouse

When the multinational brewery and pub chain BrewDog launched an attack on the Qatar World Cup, referencing the Emirate’s alleged human rights abuses in a rather humorous advert, “First Russia, then Qatar, we can’t wait for North Korea”, it articulated the mood of the public perfectly. The mention of being a sponsor of the “World F*Cup” was also a nice, everyman touch. 

However, the murky reality is that despite their protests BrewDog are still showing the football competition in their many pubs, are providing beers to Qatar for the event, and aren’t exactly in the best position to be shaming anyone on their employees’ rights records given the countless accusations of a toxic workplace culture that have hung over the company and its reputation for years.

This raises the debate of whether it is hypocritical to seek to criticise others and by implication position yourself as a ‘purposeful’ organisation when your business behaviours don’t live up to that depiction. Doing so risks alienating your stakeholders and violating the trust and the authenticity of your firm’s mission statements. In these days of citizen journalism, with social media amplification at the touch of a button, if you don’t walk the walk, you’ll soon be exposed and judged for talking the talk.

Brand association is a real banana skin. British Cycling seeking the oil giant Shell as a sponsor and accepting its largesse in an eight-year deal has caused understandable outrage and disparagement for ‘greenwashing’ amongst their eco-aware audience. This indignation was further highlighted by Greenpeace’s heavy condemnation of the partnership

“The idea of Shell helping British Cycling reach net zero is as absurd as beef farmers advising lettuce farmers on how to go vegan.”

Law firms, just as any large brand, must ensure their actions, partnerships, and values align in any well-structured sponsorship strategy – as authenticity is key. Failure to practice what you preach risks betraying your brand message and causing unwelcome unrest amongst your stakeholders.   

It’s still unwise to throw stones in glass houses.

By Declan Flahive

Friday 11th November 2022

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Shein Doesn’t Shine Anymore

Channel 4’s recent documentary into the working practices of garment workers for ultra-fast fashion firm Shein was shocking, but hardly surprising.

The company, privately owned by Chinese marketing guru Chris Xu and loved by millions of millennials and Gen Z shoppers in the UK, said in response that it was extremely concerned by the allegations which “would violate its Code of Conduct agreed to by every Shein supplier” and promised to investigate the claims. However, it has said the same when faced with similar allegations in 2021.

Shein seems to attract regular bouts of negative publicity. It is regularly in hot water with high-end brands accusing it of copyright infringement and copycat designs – complaints from Zara and the owners of Doc Martens being examples. Only recently, its parent company agreed to pay US$1.9m to New York authorities for failure to notify all customers of the extent of a hacking and data breach incident.

Who will investigate Shein over the latest furore?  The company ships clothes to 150 countries. In the UK will we see them being investigated for breach of the Modern Slavery Act (MSA) 2015?

This law requires companies to prepare and make publicly available details of the steps taken to ensure slavery and human trafficking are not part of supply chains and the result of due diligence undertaken into business operations and suppliers. However the trouble with the MSA is the lack of teeth in the face of any contravention. Critics lament that it seems to be expected that reputational or commercial pressures suffice in doing the job of holding perpetrators to account in the absence of proper sanctions.

When he was Foreign Secretary, Dominic Raab talked about the UK government’s intention to introduce fines for businesses that do not comply with their MSA transparency obligations. However precise details of whether this is in the latest Modern Slavery Bill are still awaited.

Meantime the meteoric rise and popularity of Shein amongst Gen Z shoppers suggests a passion for cheap fashion is more important to them in financially constrained times, than concerns about Shein’s link to questionable human rights and unethical working practices.

Nonetheless, potential investors in Shein’s proposed IPO will surely demand it does a better job of upholding its ESG responsibilities. There has been talk that the company intends to list in the US in 2024 and of an eye-popping $100bn valuation.

If Shein does have ambitions to become a global public company and wants long-term success, it would do well to learn a few basic lessons, namely:

  • ESG principles can’t be dismissed as a mere tick box exercise.
  • There is no point in having a self-designed Code of Conduct if it isn’t followed or policed. 
  • Communication with investors and regulators is a totally different kettle of fish to communication with consumers on Tiktok.

Regulators and law makers may not be quite there yet on scrutinising companies over their environmental credentials and ethical practices, but this is undoubtedly an area of rapid development. If Shein doesn’t walk the talk or communicate authentically, it could soon lose its sheen and swiftly find itself no longer in fashion.

November 1st 2022

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Pre-charge anonymity – the case for upholding its importance

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you’ll do things differently.”  

So said the ‘Oracle of Omaha’, Warren Buffet.  It’s a sentiment that would be shared by many who find themselves, unfairly, on the wrong end of a high-profile police investigation.

So who might have done things differently – Sir Cliff Richard, or the police and the BBC – when helicopters circled the showman’s house and the BBC live streamed footage from the air as dozens of Met officers began their raid following an allegation of historic sexual abuse, when no subsequent charges were made?

It is the impact on reputation that has caused the new Home Secretary, Suella Braverman, to propose banning the naming by media of an individual arrested and investigated, but ultimately not charged, of an offence. Braverman noted the very grave damage inflicted upon individuals in such circumstances.  Pre-charge anonymity is back on the agenda.

In response, The Times’ former Legal Editor, Frances Gibb, penned a spirited article last Sunday determining that regardless of the intrusion and reputational effect, the tenet of open justice must prevail.  She wrote that pre-charge publicity can be crucial in sex crimes and that a wall of silence around police activity would be a worrying shift towards secret justice.

Having counselled individuals experiencing the humiliation of a police raid only for no further action to be taken, I humbly beg to differ.

Many perpetrators of sexual violence, it is claimed, may not have been brought to justice had an initial arrest of a suspect not been publicised, thereby encouraging others to come forward with their experiences in the hope –  and reasonable expectation – that numbers would strengthen a prosecution and result in a conviction. But does that not lead to lazy policing, allowing for vexatious claims against unpopular figures to influence charging decisions? Just look at the Carl Beech case in which the high-profile accused were portrayed as guilty perpetrators by police and press alike, all on the say-so of a fantasist.  If the police and CPS cannot mount a case against an individual accused of one crime, is it right that others should be encouraged to come forward and add to suspicions of the defendant if the new accusers were not sufficiently motivated to bring their own claims?

I was recently gripped by the moving investigation by Winifred Robinson, formerly at BBC Radio 4, into the desperate case of young Rikki Neave, killed aged six almost 30 years ago, in a 10-part BBC podcast series called ‘The Boy in the Woods’. You only have to listen to neighbours on the estate’s views of Rikki’s mother, Ruth, to understand why the police aimed their whole investigation towards proving her guilt in the murder of her son.  But they were wrong and it took 28 years to convict the real killer. During this time, Ruth falsely gained a reputation as a child killer that even her acquittal could not repair. Protecting reputations is not just a matter for the privileged – the impact on the most vulnerable in society can be equally, if not more, pervasive.  

And the reputational impact goes way beyond just the investigated individual – it’s their spouses, children, relatives and friends who arguably suffer as much damage – wholly unnecessarily so if the investigation never proceeds to charge.   Yes, there’s recourse to privacy laws – but you have to be well-funded and the breach egregious and quantifiable to have a chance at standing up a claim against the police or media in such circumstances. Very few in society would be in a position to do so.

If we have faith in our forces to properly investigate a crime, we should have no qualms in supporting Braverman’s resurrection of pre-charge privacy plans.  The media has huge power to influence opinion and thereby affect reputations, but this power must be used fairly for it to retain public support. The media may find that gross breaches of privacy have not only a financial cost, but a reputational one too.

By Melanie Riley

18th October 2022

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The Sound of Radio Silence: Liz Truss Hits the Local Airwaves

If Liz Truss and her PR advisers thought that local radio would give her a much easier ride than national news programmes, then they were sorely mistaken. 

Breaking her silence after four days of turmoil in the financial markets prompted by Friday’s mini-Budget (which saw the IMF call on the government to reverse its tax-cutting plans, the Bank of England make an emergency intervention to prevent a run on pension funds, interest rates shoot up, mortgage deals withdrawn, and sterling collapse to record lows), Truss gave her first media interviews to eight BBC radio stations across the country yesterday morning. 

Allocated just five minutes each to grill the Prime Minister, and determined to reflect the concerns, fears and fury felt by their listeners, the presenters wasted no time in going for the jugular, contrary to the patronising suggestions by certain media commentators that local radio interviews would be a soft option. 

From Radio Leeds’ opener, “Where’ve you been?”, to a Radio Nottingham listener’s claims that tax cuts were “like a reverse Robinhood”, Radio Teesside’s questioning about dead crabs washing up on local shores, to Radio Lancashire’s focus on fracking, Truss faced a gruelling series of bruising interviews on a range of subjects dear to local radio listeners’ hearts. 

Determined to stick to her key messages and defend last Friday’s “fiscal event”, Truss would not accept any responsibility for Britain’s economic crisis, laying the blame squarely on Vladimir Putin. Sometimes she refused to accept the premise of questioning or simply avoided answering the question altogether. Hesitant and robotic in her delivery, at one stage she was lost for words for almost four seconds while attempting to justify her economic policies to Radio Stoke. It made for painful listening. 

“An utter shitshow”, “brutal”, “gaslighting” and “blind to reality” were just some of the reactions to her car crash interviews from media commentators and MPs across the political divide.

As The Guardian pointed out, the “PM’s eight short interviews produced more news than a typical slot on Radio 4’s Today programme”. 

Whatever you think about Truss and Kwarteng’s dogged devotion to trickle-down economics, the episode shows the importance of communication in averting and handling a crisis (although Truss’s team, of course, deny that it is a crisis). 

While Truss is by no means a natural communicator, there are still some fundamental principles that she, and her team, should observe: 

  • Be prepared – don’t launch a new initiative until you’re ready, then provide a thorough and timely briefing of the policy or strategy, backed up by sound evidence, and plan for tough questioning. 
  • Don’t shy away from or delay giving media interviews – a head-in-the-sand mentality simply compounds the crisis, giving the impression of arrogance, complacency or ineptitude. Or all three. But – crucially, as above – be prepared. 
  • Know your audience – be aware of and ensure you can respond to the wide range of issues that might arise, particularly when giving local media interviews. 
  • Show empathy – acknowledge, listen and respond to people’s very real concerns, rather than regurgitating scripted answers that evade the question. 
  • Don’t be afraid to admit when you’ve got it wrong, take ownership, and adjust your strategy accordingly, rather than claiming everything is going to plan despite clear evidence to the contrary. 

Truss – who lest we forget was put in power by a mere 0.17% of British voters – now finds herself alienating not just the markets and the public, including many in the crucial Red Wall constituencies, but a large number of Tory MPs too – among them some of her supporters at the recent leadership contest. 

Unsurprisingly, Labour is riding high in the polls, positioning itself as the party of economic competence. 

With the term ‘fin de siècle vibes’ reportedly being bandied about Westminster, Truss will need all the communications skills she can muster if she, and her party, have any chance of surviving this self-inflicted crisis of confidence and leadership.

By Sarah Peters

Friday 30th September 2022

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5 Tips to Grow Your Business on Social Media

In the fast-moving digital age, organisations need to engage with social media on a professional level or risk falling behind the pack. Whilst social media marketing might be an intimidating venture to some, effectively using it alongside more traditional PR techniques will bring you a range of advantages that will help your business flourish.

Here are a few tips on how to grow your business on social media:

1. Build a long-term relationship with your audience

Audiences of most traditional PR techniques tend to interact passively with content. In contrast, social media offers a two-sided relationship to its followers allowing ‘likes’, ‘shares’, and replies to a company’s online posts. This “relationship marketing” aspect is a powerful tool in making the brand more accessible. You can help to grow a committed following by nurturing this relationship with high-quality and relevant online content.

2. Be consistent with your online voice

Deviations and inconsistencies in your tone can lead to distrust brewing within your audience base. Avoid this pitfall by ensuring that your voice is clear, becoming recognisably ‘you’ which will help maintain and build a healthy online following – provided this voice is one that connects with your desired audience. It is also important to understand and adapt to the varied attributes that each social media platform offers. Twitter has a much more constrained character limit with shorter visibility, whereas LinkedIn caters to long-form written content and maintains its visibility for longer.

3. Utilise social media algorithms

Use the reward systems of social media algorithms to gain free promotion for your organisation’s online profile. Offer consistent content to your audience by following a content calendar that marks out how often and when you are going to post. As a result, the social media platform’s algorithm will recognise you as a reliable source of regular content and will promote your online presence for free. Ensuring that your content is truly valuable to your audience will likely boost its social media metrics of ‘likes’, ‘shares’, and ‘comments’. Once again, the algorithm will reward such engaging content with further organic promotion.

4. Sense an incoming crisis

Social media monitoring can be a vital tool in sensing a brewing storm before impact. As any PR professional will know, it is much easier to prevent a crisis from taking place than it is to get the toothpaste back into its tube, so to speak. Through early online detection more traditional crisis communication strategies can be deployed to reduce reputational damage. Be clear and concise if you are going to engage with a crisis online or else you risk worsening the situation, as was the case with Center Parcs and the hullabaloo surrounding their clunky reaction to the passing of Queen Elizabeth II.

5. Use analytics to monitor growth and shape strategy

Analysing the level and extent of online engagement in your content can help target all future content and key messaging. The vast analytics offered on social media platforms, such as impression rates, enables you to closely monitor the growth of your account and ensure that it remains on an upwards trajectory (within your preferred target audience) by recognising and doubling down on the types of content that have the best engagement rate.

Content is King

Traditional PR and social media marketing are powerful tools that can become even more profound when used in sync. Failing to utilise social media is to miss out on vast engagement with, and knowledge of, your audience. However, your social media presence should be taken as seriously as other elements of your business. Failure to ‘read the room’ or sense an impending crisis, for instance, can end in a social media pile-on, creating a disaster for even the largest and most robust of organisations.

In short, content is king – create it, target it, evaluate it and don’t be afraid to adapt it if circumstances demand it.

By Declan Flahive

29/09/2022

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What Lawyers Can Learn From the Royals on PR

The Royal PR machine is an impressive operation. They don’t always get it right, of course, and have had their own share of slings and arrows to cope with, especially in the last few years, but overall, without doubt, the family’s contract with the nation has been nurtured by and has grown to rely on PR techniques that most business leaders – including at law firms – can’t ignore. Here are our top ten tips for successful PR Royal style:-

  1. Planning – whether it’s diary scheduling or preparing for a crisis event, the Royal PR machine tries to spot clashes, scenario plan and anticipate – at a macro and micro level; 
  2. Embracing technology – from radio to TV, from zoom and insta, the family have moved with the times to get their message out to audiences via an ever-evolving list of channels;
  3. Face-to-face engagement – as we’ve seen in the last week in particular, direct and personal connection with stakeholders is key to keep it real and literally stay in touch;
  4. Remember all your stakeholders – no one has a divine right to rule (any longer). Position and power derives from various sources and relies on keeping all stakeholder on side, if not ideally their positive support;
  5. It’s about both words and actions – walking the talk, practising what you preach and living your values are all important for reputation;
  6. Be authentic – there is no need to change yourself to up your appeal – staying true to your background, style and purpose wins out in the end;
  7. Consistent yet flexible – a lot has been said about our former Queen’s consistency. People knew what to expect and that they could rely on her considerable commitment to duty, yet to be fair she and those around her were willing to be flexible and pragmatic sometimes too.  
  8. Context and public opinion counts – seeking to operate in a vacuum is folly. Being sensitive to events, your audience and reading the room are essential for organisations, leaders and managers.  
  9. Know your mission – don’t get deflected from your mission strategy and keep reminding yourself (and others) what you exist for and set out to do.
  10. Play the long game – whatever road bumps arise to throw you off course, however tempting short-term gains might seem, always strive for the longer-term prize, even if it means difficult choices.

By Louise Beeson

Tuesday 20th September 2022

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Center Parcs: Royal Muck Up

Communications during a crisis need to be clear, empathetic and sense-checked for rebound risk as any specialist PR expert will tell you. Sadly Center Parcs was one of a number of organisations who didn’t quite get these ingredients right in their clunky handling of a self-inflicted furore this week. 

The Center Parcs team caused anger and confusion when attempting to correct an earlier contentious position regarding the proposed closure of their facilities on Monday 19th September, out of respect for the funeral of Queen Elizabeth II. 

After an eruption of online outrage following the announcement that holidaymakers would have to vacate their lodges for the day, an inevitably swift U-turn followed. However, this wasn’t the end of the PR headache for the company which prides itself on providing relaxation and escapism for all. 

The team at the short-break holiday company took to Twitter to calm the brewing storm – only to provoke fresh backlash. Replying to one tweet of outrage, the company said: 

“We recognise leaving the village for one night is an inconvenience, we have listened and made the decision to allow guests to remain on village on Monday, however, the village will still be closed, so guests will need to remain in their lodges.” 

The prospect of guests being locked in their cabins led to further incredulity and required a follow-up tweet apologising for the miscommunication. 

Center Parc’s clumsy engagement was sadly not unique, as a similar blunder from the Met Office shows. Its Twitter account recently posted

“As a mark of respect during this time of national mourning we will only be posting daily forecasts and warnings.” 

What the national weather service meant to say was that it would not be providing additional lighthearted content during the national period of mourning, aside from its regular weather service. However, due to its lack of clarity, followers quite reasonably took the tweet to mean that the public would only be informed of the weather one day at a time. 

Whilst brands such as Center Parks were undoubtedly looking to support staff loyal to the Queen when formulating their original closure policies, it’s little wonder they faced ridicule having completely failed to balance this intention with consideration for the practical needs of their all-important customer base. The impact of corporates’ decisions on their consumers should be paramount, with plans stress-tested by the communications teams before any announcements are made. It’s simply PR 101. 

Failure to do so in these cases has turned an act of respect and reverence for the passing of the reigning monarch and head of state, into an exercise of alienation, from which it is hard to recover. We’re keeping our eyes out for smart Center Parcs advertising in due course – perhaps poking fun at itself in recognition of its right royal muck up.

By Declan Flahive

16th September 2022

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‘Sportswashing’: You Pays Your Money and You Takes Your Choice

The greatest and most popular football league in the world (arguably) turns 30 this week. In the space of a few decades, the English Premier League has blossomed into a global marketing powerhouse with all the theatrics and drama any sports spectator could dream of – from transfer deadline day to emotional local derby duels. But along with its success story, there exists a growing threat to its reputation. The Premiership is susceptible to accusations of a practice known as ‘sportswashing’ whereby club ownership is said to be used to clean up a tainted public image. 

The Premier League kick-started the celebrity era of football with the likes of David Beckham. When the dainty-voiced, floppy-fringed fella scored from the halfway line against Wimbledon for Manchester United in 1996, he lit the fuse for an explosion of his fame and the 21-year-old soon became a global superstar. His relationship with “Posh Spice” only served to augment his popularity credentials. 

This interweaving of football with mainstream culture has grown with icons such as Eric Cantona, Cristiano Ronaldo and Wayne Rooney, whose personal lives have increasingly taken centre stage.  Around-the-clock TV coverage and the emergence of the internet and social media has increased demand for every little morsel of the private lives of these very rich and famous athletes. Noticeably, this interest is no longer confined to the players. 

Since Abramovich took over Chelsea FC in the early noughties and in a similar vein the owners of Manchester City, Sheikh Mansour, and Newcastle United, Saudi Arabian-led Public Investor Fund (PIF), each have been accused of using the English game to not only advance their own net worth through marketing opportunities but also to enhance their public images. 

Football’s ability to cement a relationship between owners and fans is surprisingly powerful. When Roman Abramovich’s assets were seized and he was reported to have been chased out of the country for his alleged connections to Vladimir Putin following the unlawful Russian invasion of Ukraine, not all of the supporters of his club Chelsea F.C. were so keen to push him out of the door – due to the success his resources had enabled. Fans continued to chant the now former owner’s name in the stands well after the war had unfolded. It’s fascinating how a game of sport can warm the hearts of those unlikely to hold similar sentiments for others on the Russian sanctions list.

Buying a football club can be seen as a chance to revolutionise not just your own public image, but even that of your country. After purchasing the blue side of Manchester, Sheikh Mansour of Abu Dhabi has enabled City to accumulate title after title. The investment from the oil-rich Sheikh is undoubtedly part of a wider plan to present the Abu Dhabi state in a positive light in the West.  In fact, since 2014, the ruling family has invested outside the club’s doors and tapped into the wider Mancunian area through the Manchester Life project. A joint partnership between the Abu Dhabi United Group and Manchester City Council, it has a £1 billion goal to transform 200 acres surrounding the Etihad Stadium from a derelict wasteland into a hub of modern real estate. 

Other resultant developments include the regeneration of an 80-acre brownfield site into the City’s state-of-the-art training facility. The club has also donated 5.5 acres of land and at least £12 million towards Beswick Leisure Centre, the sixth form Connell college and the Manchester Institute of Health and Performance. Furthermore, the club’s ‘City in the Community’ programme has invested thousands of hours of work into noble causes such as disability football teams and mental health support for the younger generation. 

Whilst cynics might question the motives of these actions, the benefits to the recipients are undeniable. The Emirati State’s human rights record is well-documented but its largesse in Manchester seemingly allows many to turn a blind eye. 

Wider public disapproval (ie from those not directly benefitting) of alleged ‘sportswashing’ seems to provide little of an actual roadblock to investment. Newcastle United is the latest high-profile English Premier League club to be bought out by an overseas investor with a controversial history. Saudi Arabia’s Public Investment Fund invested in the takeover at St. James’ Park on October 7th 2021 costing a reported £415 million. 

At the time, Amnesty International was very critical of the move with its UK’s chief executive officer Sacha Deshmukh saying: “The Saudi buy-out of Newcastle exposed the glaring inadequacies of English football’s ownership rules – with no bar for those complicit in acts of torture, slavery, human trafficking or even war crimes – yet it hasn’t led to the change we urgently need to see.” 

Deshmukh continued: “When Saudi Arabia swooped in and bought Newcastle, it was one of the most glaring examples of modern sportswashing the world has ever seen. “With Mohammed bin Salman now effectively Newcastle’s owner, the Saudi state will see the club as another means to try to shape Saudi Arabia’s international image and distract from the country’s appalling human rights record.

“The Saudi authorities clearly see Newcastle as a long-term sportswashing project, but for now we’re seeing Eddie Howe and sections of the fanbase dodging questions about Saudi human rights abuses – neither of which is healthy for football.” 

One wonders whether those responsible for English club ownership rules will decide to introduce more strident checks and balances to prevent such future allegations of ‘sportswashing’ being levelled.  Or perhaps, to better protect ‘the beautiful game’, the introduction of majority fan-ownership such as that deployed in Germany will instead take root as the preferred future investment model. 

Conclusion:

The expansion of the Premier League in the most popular sport on the planet suggests it will only continue to attract those looking for a public relations revamp. The question is whether the sport chooses domestic social benefits over its international ESG responsibilities. 

While more stringent regulation could be implemented to prevent allegations of ‘sportswashing’, revelations of FIFA corruption show that a root-and-branch clean-up of football management is unlikely. Women’s tennis is one major international sport that has begun to put the defence of human rights before play. Unfortunately in football, just as we’re now seeing in golf, money still rules.

18th August 2022

Declan Flahive

We are recognised leaders in our field. We are proud to uphold the ethical and educational standards for the PR industry as members of the CIPR and PRCA.

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Tulip Trading given leave to appeal Bitcoin recovery jurisdiction judgement

Rt. Hon. Lady Justice Andrews DBE has granted permission for ONTIER LLP client, Tulip Trading Ltd, to appeal the judgment handed down by Mrs Justice Falk of 25 March 2022 denying jurisdiction over a claim for breach of fiduciary and tortious duties. Tulip Trading Ltd, a Seychelles registered company, whose primary beneficial owner is Dr Craig Wright, is seeking to bring proceedings in the English High Court against 16 bitcoin developer defendants, 13 of whom had challenged jurisdiction leading to Mrs Justice Falk’s judgment upholding their challenge.

However Lady Justice Andrews in granting the appeal recognised the importance of the issues in the claim, saying:

“The issue as to whether Developers owe duties of care and/or fiduciary duties to the owners of digital assets and if so, what is the nature and scope of those duties is one of considerable importance and is rightly characterised as a matter of some complexity and difficulty.  Given that in addition to its complexity and difficulty the underlying facts will play a significant role in determining that issue, it is arguable with a real prospect of success that it is not susceptible of summary determination in the context of a challenge to the jurisdiction, and therefore that the Judge fell into error in deciding that there was not even a serious issue to be tried and in the approach she adopted.”

Oliver Cain, Partner at ONTIER LLP comments:

“We are grateful that Lady Justice Andrews recognised the wider importance of establishing in law the responsibilities of developers of digital assets to end users. The complex and fact-heavy considerations, that characterise developers’ duties to those who have lost access to their Bitcoin, deserve to be explored and determined at full trial and not to be dismissed through a jurisdiction challenge.

“Individual owners of digital currencies will be grateful that leave to appeal has been granted as the outcome will set the precedent for others to follow, should they lose access to their private wallets.  We look forward to successfully presenting our case in full in due course.” 

ONTIER (on behalf of Tulip Trading Ltd) seeks to recover £3+ billion worth of Bitcoin 

Claim has significant implications for other users and the way Bitcoin operates

The defendants in this unprecedented action are the developers of BTC, BCH, BCH and ABC residing in various jurisdictions across the world including: Netherlands, Switzerland, Kitts and Nevis, France, Japan, numerous different states in the USA, New Zealand and Australia.

ONTIER was originally granted permission to serve all the developers out of the jurisdiction by the Business and Property Courts of the High Court in London, following a 173 page application submission detailing the claim.

Following the jurisdiction hearing, the Bitcoin Association, developers of BSV, has entered into a settlement agreement with Tulip Trading Ltd.

ENDS

In the Court of Appeal: Lady Justice Andrews DBE.

Legal Advisors:   Dr Wright was represented by Derek StinsonOliver CainFelicity Potter and Nicolas Dawson of ONTIER LLP.

For further information please contact:

Bell Yard Communications                        +44 (0)20 7936 2021  BellYard@bell-yard.com

Melanie Riley                                               +44 (0)7775 591244   melanie@bell-yard.com

Notes to Editors:

Dr Wright is the inventor of Bitcoin who set out his vision for the digital currency in his famous White Paper under the pseudonym Satoshi Nakamoto. 

The litigation seeks to examine, for the first time, the nature and extent of legal duties conferred upon and owed by developers resulting from the control they exercise over their respective blockchains.

As detailed in the Particulars of Claim, TTL requested that the individual developers enable TTL to regain access to and control of its Bitcoin on the grounds that they, the developers, owe Bitcoin owners both tortious and fiduciary duties under English law as a result of the high level of power and control they hold over their respective blockchains.

In February 2020, Dr Wright’s personal computer was hacked by persons unknown and encrypted private keys to two addresses, which hold substantial quantities of Bitcoin belonging to TTL, were stolen. These assets were, and continue to be, owned by TTL. 

Other litigation involving Dr Craig Wright

There is a series of successful or pending legal claims issued by lawyers across jurisdictions on behalf of Dr Wright and his associated entities, to uphold his right to protect his lawfully-held digital assets, his reputation as the creator of Bitcoin and his associated intellectual property:

·         Earlier this year, Dr Wright’s UK lawyers, ONTIER LLP, on behalf of Dr Wright defeated a strike-out attempt by Magnus Granath, following Dr Wright’s English defamation proceedings against Granath.  This trial will heard by the High Court in late 2023. 

·         On 12 September 2022, the District Court of Oslo will hear Granath’s application for a Negative Declaration to determine that his campaign of disparagement of Dr Wright through social media is not defamatory. This is challenged by Dr Wright, who will give evidence in person in Norway during this trial.

·         Earlier this month, influential digital currency podcaster, Peter McCormack, was found by the English High Court to have defamed Dr Wright in 14 tweets and 1 YouTube video, in which McCormack decried Dr Wright’s assertion that he invented Bitcoin.  This judicial ruling came not long after McCormack withdrew his reliance on a defence of truth to his publications.  Aspects of this judgment are under consideration by Dr Wright and his lawyers with a view to launching an appeal.

·         In 2021 Dr Wright successfully brought a copyright claim against the anonymous digital currency enthusiast operating under the pseudonym “Cøbra”. Enforcement of this judgment is ongoing.

·         ONTIER LLP and Harcus Parker LLP are advising companies owned by Dr Wright in their passing off claims against exchanges Kraken and Coinbase, filed in the High Court earlier this month.

·         Dr Wright is also advised by ONTIER on his defence and counter-claim to the Crypto Open Patent Alliance’s (COPA) challenge to Dr Wright’s authorship of the White Paper, which also will likely be heard in 2024.

·         In December 2021 Dr Wright successfully defended a claim brought in US by Ira Kleiman, brother of Wright’s late friend Dave Kleiman, who predicated the claim on the fact that Dr Wright is Nakamoto, but that Wright created Bitcoin with the help of Dave Kleiman.  The jury rejected that allegation.

About ONTIER

ONTIER has an established and growing practice for recovering stolen and hacked Bitcoin. Its partners, Oliver CainDerek StinsonFelicity Potter and Nicholas Dawson (Associate), are advising TTL and instructed John Wardell QCBobby Friedman and Sri Carmichael of Wilberforce Chambers as Counsel on this matter.

This litigation is the latest in a series of legal claims issued by ONTIER LLP on behalf of Dr Wright and his associated entities to uphold his right to protect not only his lawfully-held digital assets, but also his reputation as the creator of Bitcoin and his associated intellectual property.

The firm is well known for its high-profile Bitcoin related litigation and has a highly regarded dispute resolution team. Its work is almost exclusively international and multi-jurisdictional in nature, focused on complex, high value international litigation, insolvency matters and arbitration in a wide range of financial and industry sectors. 

The firm acted in successful English High Court proceedings against Reliantco Investments Ltd, a digital asset and securities exchange, which blocked and seized a substantial amount from a client’s trading account. ONTIER LLP was able to recover the client’s full investment, its unrealised gains and loss of profit (that the client would have earned from intended investments had its funds not been unlawfully withheld).

ONTIER is recognised in the UK Legal 500 for commercial litigation, international arbitration and civil fraud.

The firm has offices in 18 cities in 13 countries, giving a truly international capability. 

London, 12 August 2022

https://uk.ontier.net/

We are recognised leaders in our field. We are proud to uphold the ethical and educational standards for the PR industry as members of the CIPR and PRCA.

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Bell Yard recognised by Chambers and Partners in Litigation Support Guide 2022!

Bell Yard Communications is once again delighted to have been recognised by Chambers and Partners in this year’s Litigation Support Guide

Our founder and director, Mel Riley, is again listed in Band 1 of the individual rankings, as she has been every year since the guide’s inception.

As Chambers records: “They are a proactive, personable, but also professional outfit that always puts us at ease with the media. They have a flawless record of shaping the media message in very difficult circumstances. They don’t shy away from tackling aggressive media attacks with pre-emptive and reactive poise and tact.”

Bell Yard has (almost) chalked up 20 years of interesting instructions and wishes to thank all our colleagues, clients, and contacts alike for this latest and very welcome recognition of our efforts – but in truth, we do it all for the love of the challenge! 

(6 June 2022)

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ONTIER: Dr Wright Succeeds In Libel Action Against Podcaster McCormack

ONTIER LLP client, Dr Craig Wright, the inventor of Bitcoin – the world’s first functioning and successful electronic cash system – welcomes today’s judgment in so far as it finds that McCormack has defamed Dr Wright and caused serious harm to his reputation in all of his tweets and YouTube interview in issue. 

Dr Wright sued in libel over 14 Tweets published by Mr McCormack and words spoken by him in a YouTube video between March and October 2019.  Dr Wright claimed that the publications alleged that he fraudulently claimed to be Satoshi Nakamoto, the pseudonymous inventor of Bitcoin.

In finding that each of the publications complained of were likely to have caused serious harm to Dr Wright’s reputation, the Judge found that “the fact that [Mr McCormack] was willing to state his views so brazenly in response to threats of libel proceedings is likely to have made those who read [the publications] more, not less, likely to believe them..”

Mr McCormack had initially sought to defend the action on the grounds of truth, public interest and abuse of process; however, he abandoned those positive defences shortly after the parties exchanged disclosure in September 2020.

Dr Wright says:

“I have endured, and for the large part ignored, extreme and offensive online trolling for many years. But there comes a point at which the orchestrated trolling has to be confronted. It has a severe impact on me and my life’s work. Where requests to cease and desist are ignored or rebuffed, I have little choice but to seek legal redress.  

“The defendant abandoned the defence of positive truth months ago – in other words he accepted his words were untrue – and chose to defend only on whether his Tweets caused me serious harm or not.   McCormack was wrong when he said I am not Satoshi Nakamoto.  His Tweets caused me harm both personally and professionally. 

“As anticipated, bit by bit the independent courts across various jurisdictions, including those with juries with the benefit of an examination of all the evidence, are concluding I am who I have admitted I am, since I was outed as Satoshi by media in 2015. However too little regard is paid to the impact my Aspergers has in my communications. I intend to appeal the adverse findings of the judgment in which my evidence was clearly misunderstood.

“I will continue legal challenges until these baseless and harmful attacks designed to belittle my reputation stop. This is not for financial reward, but for the principle and to get others to think twice before seeking to impugn my reputation.”   

Simon Cohen of ONTIER LLP says: 

“The defamation laws in England are increasingly challenging for claimants but Dr Wright has successfully exposed the damage Mr McCormack’s deliberate campaign has caused to Dr Wright’s reputation. Social media provides no hiding place for libellous comment and nor should it. In fact, we have demonstrated in this trial that its use often exacerbates the harm, given its capacity for the swift and exponential spreading of a false narrative which can fly around the world in seconds leaving the truth far behind. We are pleased that this has been recognised by the court today, but are reviewing the judgment carefully with a view to appealing the interpretation of Dr Wright’s evidence.”

ENDS

Trial judge: Mr Justice Chamberlain

Legal Advisors: Dr Wright was represented by Derek StinsonSimon CohenSara Saleh and Joe Woodward of ONTIER LLP, Adam Wolanski QCGreg Callus and Lily Walker-Parr of 5RB Chambers.  

Issued on behalf of ONTIER LLP by:

Bell Yard Communications                        +44 (0)20 7936 2021   BellYard@bell-yard.com

Melanie Riley                                               +44 (0)7775 591244   melanie@bell-yard.com

Notes to Editors

The trial to determine serious harm was heard over 3 days (23-25 May 2022) at the High Court in London.   

The judgment is the latest outcome in a series of legal claims issued by ONTIER LLP, on behalf of Dr Wright and his associated entities, to uphold his right to protect his lawfully-held digital assets, his reputation as the creator of Bitcoin and his associated intellectual property:  

·       In 2021 ONTIER successfully brought a copyright claim against the anonymous digital currency enthusiast operating under the pseudonym “Cøbra”. 

·       ONTIER has recently defeated a strike-out attempt by digital currency enthusiast, Magnus Granath, following Dr Wright’s defamation action, the trial of which will heard by the High Court in late 2023.  

·       Last year ONTIER also launched a landmark claim against the developers of BTC, BCH, BCH ABC and BSV to restore control to addresses containing Bitcoin and other digital assets. The defendants’ jurisdictional challenge to this claim is currently being appealed by the claimant, Tulip Trading Ltd.

·       ONTIER is advising companies connected with Dr Wright in their passing off claims against exchanges Kraken and Coinbase, filed in the High Court earlier this year.

·       Dr Wright is also advised by ONTIER on his defence to the Crypto Open Patent Alliance’s (COPA) challenge to Dr Wright’s authorship of the Bitcoin White Paper, which will be heard in 2024. 

(1 August 2022)

We are recognised leaders in our field. We are proud to uphold the ethical and educational standards for the PR industry as members of the CIPR and PRCA.

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BBC Facing Five Defamation Claims Over False “Orgasm Cult” Podcast Allegations

A High Court hearing is scheduled for tomorrow (Thursday 7 July) involving Nicole Daedone, the renowned American relationships expert, author, motivational speaker, originator of the Orgasmic Meditation practice known as “OM,” and founder of the OM-advancing organisation “OneTaste,” together with former OneTaste Sales Director, OM Life Coach, teacher and addiction counsellor Rachel Cherwitz and OneTaste Inc itself.  

Nicole, Rachel and OneTaste will seek to persuade the High Court to exercise its discretion and allow their libel claims against the BBC to continue alongside other existing defamation claims, even though the three of them brought their claim outside the one year deadline. The claim [QB-2021004135] against the BBC, was originally filed in November 2021 by the Institute of OM, a related organisation formed to advance the practice of OM. 

The claims arise from a BBC podcast entitled “The Orgasm Cult,” which aired in November 2020. This 10-part series purported to introduce listeners to OneTaste, which is a women’s wellness education company, founded by Ms. Daedone in the mid 2000s, to promote the practice of OM.  

However, the podcast saw the BBC introduce a series of distressing, false and fully refutable allegations, some loosely based on other false allegations originally published by Ellen Huet of Bloomberg Businessweek almost four years ago. The BBC’s coverage appeared to have been crafted to titillate and shock, and was not an accurate and editorially sound portrayal of the company and community of OneTaste, organised around the practice of OM, which operated within strict and safe boundaries among consenting adults.

The BBC’s depiction of the company’s ethos and policies is far removed from the reality of the community of over 16,000 people who have learned the OM practice, and another 35,000 people who came through the doors of OneTaste over the period of its operation. OneTaste grew progressively and steadily professionalised its organization during the 18 years since its founding in 2004.  

OneTaste has thoroughly investigated the appalling allegations of abusive practices and interviewed dozens of practitioners and former OneTaste staff members. The investigation has confirmed that the allegations are false. The BBC has since been directly informed of the falsities and misrepresentations in its own output, and has been sent evidence which contradicts the allegations, yet it continues to publish access to the misleading podcast.

Many in the OneTaste community have been appalled by the way the false stories, as presented via the podcast, were manipulated and that some of the most serious allegations contained in several podcast episodes were never put by the BBC to those accused. The community at large has been supportive of the legal action being taken.

Founder Nicole Daedone said:  

“The truth should matter to the BBC. I always recognised that the very nature of our pioneering work made us vulnerable to attack by those who would choose to misrepresent it. Still, I firmly believe in freedom of expression, and I loathe the very idea of bringing defamation proceedings. However, when an influential broadcaster such as the BBC, with its unparalleled international reach and repute, continues to publish serious allegations even after being presented with voluminous evidence that they are false, we have a responsibility to mount a formal challenge.

“The principle of consent has always been at the heart of our work, making it deeply distressing to hear these stories, all of which strike at the essence of who we are, and each of which we know to be demonstrably false. Women have inestimable power. Together, we hold the world. Furthering this solidarity is my life’s work. This is what is under attack.

“Whatever the outcome of these proceedings, we will continue to encourage women to recognize the power of their honest self-expression, while contesting falsehoods that discourage them from standing in their capacities and strengths.”

This interim hearing is scheduled to determine whether Daedone and Cherwitz, along with OneTaste, can claim for the personal reputational damage they have endured, arising from defamation in this jurisdiction, though outside of the one year limitation which would otherwise shut out their defamation cases.  Their claims for misuse of their private information and unlawful processing of their personal data continue and are unaffected by this hearing. 

ENDS

For further information, please contact:

London: 

Bell Yard Communications  BellYard@bell-yard.com                  O: +44 (0)20 7936 2021

Melanie Riley    melanie@bell-yard.com                                    M: +44 (0)7775 591244 

Notes to Editors

Daedone, Cherwitz, OneTaste Incorporated, Institute of OM LLC, OM IP Co are represented by Sara Mansoori QC and Zoe McCallum of Matrix Chambers, instructed by Alexandra Whiston-Dew at Mishcon de Reya.  

Counsels’ Skeleton will be available on opening on request.

The application hearing is listed for 1 day.  Nicole Daedone and Rachel Cherwitz will be attending.

Further information on the practice of OM is available at: https://instituteofom.com/learn-to-om

(6 July 2022)

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Irresponsible investment? HSBC’s ESG communications crisis

For HSBC, a bank committed to “playing a leading role in mobilising the transition to a global net zero economy … by helping to shape and influence the global policy agenda”, sponsoring and addressing the FT Moral Money Summit, with its theme of “Turning Talk into Action to Hit ESG Targets”, must have seemed like the perfect profile-raising opportunity.

But far from burnishing its ESG credentials, HSBC is now reeling from a PR disaster involving the suspension of Stuart Kirk, the global head of responsible investment at its asset management division, following his controversial comments on climate change at last week’s event.

The fallout from Kirk’s speech and HSBC’s response have made headlines around the world – from the Financial Times to The Mirror, The Straits Times to The Wall Street Journal – and polarised opinion, prompting both outrage at his ‘offensive’ remarks and support for daring to tell the ‘truth’.

Kirk – a former FT journalist and editor of Lex – gave a presentation entitled “Why investors need not worry about climate risk”, which accused policymakers and central bankers of overstating the financial risks of climate change and included a slide saying “Unsubstantiated, shrill, partisan, self-serving, apocalyptic warnings are ALWAYS wrong”.

Attacking climate “nut jobs”, he complained about having to spend time “looking at something that’s going to happen in 20 or 30 years”, and joked about the risk of flooding, saying, “Who cares if Miami is six metres underwater in 100 years? Amsterdam has been six metres underwater for ages and that’s a really nice place.”

Following an outcry over his remarks from climate change activists, HSBC’s chief executive and its head of wealth and personal banking both denounced Kirk’s remarks via social media posts.

Yet according to the FT, which first reported Kirk’s suspension, the theme and content of his speech had been agreed internally within HSBC a couple of months earlier.  

The bank’s PR team has, unsurprisingly, been firefighting ever since the event but declined to comment on Kirk’s suspension when contacted by media.

Kirk’s remarks were always likely to be controversial and provocative, given his views on climate change risk and his outspoken nature, of which HSBC’s management and PR team were presumably aware. So why did HSBC sanction his speech, yet fail to predict and prepare for the inevitable backlash, only to perform a spectacular U-turn after the event and ‘cancel’ him pending an internal investigation? Moreover, in light of his uncompromising and combative stance on climate change, what does Kirk’s position as global head of responsible investment say about HSBC’s commitment to a net zero future? Is the bank simply playing lip service in its climate strategy pledge?

Businesses should either accept that they are broad churches with individuals holding different views with full entitlement to express them (as long as this is done respectfully), and be prepared to deal with the potential fallout – or they should make clear that there is only ever one corporate line that can be expressed publicly, and ensure consistency in actions as well as words. This principle extends way beyond the ESG sphere – and it is the basis from which all communications advice should flow.

The PR debacle comes just weeks after HSBC faced accusations of greenwashing by the UK’s advertising regulator. A leaked draft report by the Advertising Standards Authority ruled that two HSBC adverts misled customers by selectively promoting green initiatives while failing to disclose information about the bank’s financing of companies with substantial greenhouse gas emissions.  

And last year, HSBC came under fire from shareholders for failing to take climate change seriously, with some of Europe’s leading investors filing a climate resolution that called on the bank to publish a strategy and targets to reduce its exposure to fossil fuel assets.

One thing is certain: if HSBC wants to fulfil its “ambition … to be the leading bank supporting the global economy in the transition to net zero,” as CEO Noel Quinn posted on LinkedIn over the weekend, it has a long way to go.    

Written by Sarah Peters

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ONTIER: High Court Defamation Trial Starts Monday

ONTIER LLP client, Dr Craig Wright, is suing podcaster Peter McCormack over the content of 14 tweets that the defendant published between March and August 2019, and one YouTube interview livestreamed in October 2019, in which McCormack accused Dr Wright of fraudulently claiming to be Satoshi Nakamoto, the pseudonymous inventor of Bitcoin. This two-day defamation trial is set to determine the single issue of serious harm.

Dr Wright claims his reputation was seriously harmed by McCormack’s repeated disparagement of Dr Wright online and, in particular, by his decrying as fraudulent Dr Wright’s legitimate claim to be the inventor of Bitcoin, the world’s first functioning and successful electronic cash system.

Amongst other things, the court will hear that McCormack’s tweets reached a global audience of millions, with many hundreds of thousands of those publishees likely being in England & Wales (to which Dr Wright’s claim for serious harm is limited).

Some 18 months ago, McCormack abandoned his positive defences of truth, public interest and abuse of process and, following a hearing last year, was denied permission to resurrect parts of those submissions by inserting them into the sole surviving limb of his defence, in which he denies that his publications caused serious harm to Dr Wright’s reputation.

Simon Cohen of ONTIER LLP says:

“This long-running dispute has endured various attempts by Mr McCormack to change course but we are now set to demonstrate to the court the extent of harm caused to Dr Wright by the defendant’s actions. Social media provides no hiding place for libellous comment. In fact its use often exacerbates the harm, given its capacity for the swift and exponential spread of damaging untruths.”

Notes to Editors

This defamation trial is the latest in a series of legal claims issued by ONTIER LLP, on behalf of Dr Wright and his associated entities, to uphold his right to protect his lawfully-held digital assets, his reputation as the creator of Bitcoin and his associated intellectual property:

  • In 2021 ONTIER successfully brought a copyright claim against the anonymous digital currency enthusiast operating under the pseudonym “Cøbra”.
  • ONTIER has recently defeated a strike-out attempt by digital currency enthusiast, Magnus Granath, following Dr Wright’s defamation action, the trial of which will heard by the High Court in late 2023.
  • Last year ONTIER also launched a landmark claim against the developers of BTC, BCH, BCH ABC and BSV to restore control to addresses containing Bitcoin and other digital assets. The defendants’ jurisdictional challenge to this claim is currently being appealed by the claimant, Tulip Trading Ltd (the trust beneficially-owned by Dr Wright and his family).
  • ONTIER is advising companies owned by Dr Wright in their passing off claims against exchanges Kraken and Coinbase, filed in the High Court earlier this month.
  • Dr Wright is also advised by ONTIER on his defence and counter-claim to the Crypto Open Patent Alliance’s (COPA) challenge to Dr Wright’s authorship of the White Paper, which also will likely be heard in 2023.

(23rd May 2022)

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ONTIER: Bitcoin Creator Launches IP Claims Against Digital Currency Exchanges

ONTIER LLP client, Dr Craig Wright, the inventor of the first successful electronic cash system, Bitcoin, together with two companies associated with him, Wright International Investments Limited (WII) and Wright International Investments UK Limited (WIIUK), have filed intellectual property claims against two currency exchanges – Kraken and Coinbase (NASDAQ: COIN) – for misrepresenting that the digital asset “Bitcoin Core” (BTC) is Bitcoin.

The Claimants assert that these exchanges, and others, have been trading – and encouraging investors and consumers to trade and invest – in BTC, by passing off that asset as Bitcoin, despite it only having been created in 2017 as a software implementation which is different from and separate to the Bitcoin protocol which Dr Wright fixed when he first created the electronic cash system more than 13 years ago. The only digital asset that remains true to the original Bitcoin protocol is “Bitcoin Satoshi Vision” (BSV) which is the software implementation of the original Bitcoin protocol. The Claimants contend that this misrepresentation by Coinbase and Kraken has led to confusion among digital currency asset holders as to the authenticity of the assets many have purchased and traded in.

The Claimants seek an injunction restraining the defendants from promoting BTC as Bitcoin, through improper use of the Bitcoin sign or any visually similar sign or wording.

The claims are likely to be worth several hundred billions of pounds when an inquiry into the full account of profits of each of these exchanges is undertaken by expert witnesses to the Court.

The proceedings were filed on 29 April 2022 in the Intellectual Property List of the Business and Property Courts of England and Wales. They are the first in what will be a series of claims against each of the largest digital currency exchanges, designed to prevent future misperceptions as to the true operational nature of Bitcoin.

Bitcoin (BSV) is the fastest, most scalable environmentally efficient and regulation-friendly public

ledger that exists whilst remaining fixed to Dr Wright’s original protocol. Dr Wright is concerned for no other digital asset to improperly cloak itself under the Bitcoin moniker.

Simon Cohen of ONTIER said:

“These actions are undoubtedly game-changing for the digital asset market. Simply put, the Claimants’ assertion is if your digital asset doesn’t strictly adhere to the Bitcoin protocol and is linked to the Bitcoin blockchain it is not Bitcoin, and should not be marketed or referenced as such. Product choice is a vital driver of innovation – but asset-holders must be aware of exactly what they are buying and stability comes from transparency. Bitcoin was always designed to be a peer-to-peer electronic cash payment system, not a store of value. While this is quite likely the highest value claim to have ever come before the English courts, in fact the arguments in support of our clients’ position are straightforward and verifiable.”

Dr Wright, WII and WIIUK are advised by ONTIER LLP Partners, Derek Stinson and Aoife Keane,Managing Associate, Simon Cohen and Associate, Tom Leach. Alastair Wilson QC, Michael Hicks and Jamie Muir Woof of Hogarth Chambers are instructed as Counsel, with additional assistance from Harcus Parker Partner, Damon Parker.

ENDS

Notes to Editors:

Dr Wright wrote the White Paper “Bitcoin: A Peer-to-Peer Electronic Cash System” and published it in October 2008 under the pseudonym, Satoshi Nakamoto. He was involuntarily outed as Satoshi by Wired magazine in December 2015.

The claimants recognise the regulatory responsibilities held by those exchanges that are listed on

NASDAQ in respect of these proceedings.

This litigation is the latest in a series of legal claims issued by ONTIER LLP on behalf of Dr Wright and his associated entities to uphold his right to protect his lawfully-held digital assets, his reputation as the creator of Bitcoin and his associated intellectual property:

  • In 2021 ONTIER successfully brought a copyright claim against the anonymous digital currency enthusiast operating under the pseudonym “CØbra”).
  • Last year ONTIER also launched a landmark claim against the developers of BTC, BCH, BCH ABC and BSV to restore control to addresses containing Bitcoin and other digital assets. The defendants’ jurisdictional challenge to this claim is currently being appealed by the claimant, Tulip Trading Ltd (the trust beneficially owned by Dr Wright and his family).
  • 23/24 May 2022 sees the London High Court trial of Dr Wright’s defamation claim against bitcoin commentator Peter McCormack.
  • Similarly, ONTIER is instructed by Dr Wright in his English defamation action against digital currency enthusiast, Magnus Granath, the trial of which is likely to be heard in late 2023.
  • ONTIER is also advising Dr Wright on his defence and counter-claim in respect of the Crypto Open Patent Alliance’s challenge to Dr Wright’s authorship of the White Paper which will likely be heard in 2023.

The firm is increasingly recognised for its high-profile and market leading Bitcoin related and cybercrime litigation and has an established and growing practice for recovering lost, stolen and hacked Bitcoin. The firm acted in successful English High Court proceedings against Reliantco Investments Ltd, a digital asset and securities exchange which blocked and seized a substantial amount from a client’s trading account. ONTIER LLP was able to recover the client’s full investment, its unrealised gains and loss of profit (that the client would have earned from intended investments had its funds not been unlawfully withheld).

ONTIER is recognised in the UK Legal 500 for commercial litigation, international arbitration and civil fraud. The firm has offices in 18 cities in 13 countries, giving a truly international capability.

(3 May 2022)

We are recognised leaders in our field. We are proud to uphold the ethical and educational standards for the PR industry as members of the CIPR and PRCA.

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Depp vs Heard: Court Drama

Johnny Depp has described his US defamation trial as an attempt to clear his name for his children and a quest for the truth.

Others see it as a desperate last throw of the dice to save his career and a further sign of his delusion which will confirm his spectacular fall from grace.

It is, of course, entirely possible that a Jury in Virginia could produce a different outcome to the English High Court’s finding in November 2020 that Depp was a wife beater.

The question is: does the legal outcome in this latest case really matter anymore to anyone except the parties involved? In the wider court of public opinion, we have already been told more than we wanted to know. The once-revered Hollywood heartthrob who previously dated Kate Moss and became a respected actor in an impressive string of movies seems a troubled man with considerable personal issues. His former wife appears also to be a complex individual, to say the least, with her own share of flaws and proclivities.  They undoubtedly had a highly toxic relationship. Those close to them might do well to advise them to stop fighting, leave the past to the past and allow themselves to emerge from the wreckage personally and professionally.

Whether the final result brings the score to 0-2 or 1-1 (notwithstanding that the UK case was actually against The Sun newspaper), the damage has been done to both parties’ reputations which only time out of the spotlight and some major charity work can heal.

But hang on, might there possibly be a silver lining? It’s fair to say we are no longer shocked by their escapades and unbecoming behaviour of which we are hearing. Mr Depp’s team might just be able to throw some white spots of sympathy on the character canvas we already see as rather black. Regardless of the final verdict, we all know Ms Heard is capable of breathtaking performances.  

Many will no longer be interested in the characters still locked in battle. The witness line-up is looking a far more entertaining prospect. The next question is: will this drama be made into a movie one day?  Life imitating art imitating life… the show must go on.

By Bell Yard Communications (21/04/2022)

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Zelenskyy: Crisis Management Masterclass

Introduction 

In Ukraine’s time of crisis, president Volodymyr Zelenskyy has stepped up to the plate. From refusing to evacuate his homeland to embarking on a digital campaign trail to garner global support for Ukraine’s war efforts against Putin’s Russia, it has been a masterclass in crisis management and leadership from the former TV actor. Whilst the emphasis on battlefield success is crucial, Zelenskyy and Ukraine have also been winning the information war through the brilliant use of social media and the conveyance of clear messaging. 

Acting Background 

Zelenskyy has been on a unique and frankly bizarre journey through his ascension from a stand-up comic and television actor with Oscar-winning ambitions to the leader of a country embroiled in a European war with Putin’s nuclear-wielding Russia. His lack of political background appealed to the masses on the election trail as he was seen as being free from the corruption surrounding Ukrainian politics which contributed to his landslide win – still performing comedy gigs while campaigning for office in 2019.  Zelenskyy even starred in the comedy ‘Servant of the People’, which followed the life of a disillusioned teacher who accidentally becomes President of Ukraine. Although his most notable acting credit is his work as the voice of Paddington Bear in Ukrainian dubs of the live-action films Paddington and Paddington 2.  

Zelenskyy’s current position as the lead communicator for a war-torn country suffering from genocidal atrocities is far from his past career in showbiz, but he has managed the ship well with his powerful orator skills that have transcended from family-friendly animated characters to speeches pleading for ammunition in the heart of conflict. 

Virtual World Tour

Zelenskyy’s unusual past credentials have certainly helped him in his passionate appeals to fellow leaders across the world as he requests more military aid to defend his country – using clear, concise and understandably emotive messaging.

From speaking with the House of Commons and quoting Winston Churchill to imploring 280 members of the US Congress for more aircraft, drones and anti-aircraft missiles whilst making references to Pearl Harbour and 9/11, Zelenskyy has been busy plucking at the heartstrings of the world’s elite with customised messaging to cater to each virtual audience he secures. These regular video-link appearances have been extremely emotionally impactful, helping to convey the latest state of a war-ravaged Ukraine. During his speech to the US Congress, Zelenskyy was very direct in his messaging and desire for more aggressive measures by specifically targeting Joe Biden in his dialogue. However, despite pledging to assist monetarily, the US remains hesitant to provide fighter jets and establish a no-fly zone for fears of an escalation in violence from the all too aggressive Putin.  

At the heart of Zelenskyy’s tailored speeches, has been a focused and consistent narrative. He has continued his calls for a no-fly zone; pleading for Vladimir Putin to end the war; requests for more support, with specific military needs expressed; and proudly praises the bravery and heroism of the Ukrainian people no matter the audience. Zelenskyy’s quote when offered evacuation by the US: “The fight is here. I don’t need a ride, I need ammunition” will go down in history as symbolising Ukraine’s defiance and his own personal courage and strength of leadership in a time of crisis. 

Media 

This transparency of the updates and words of defiance from the president have been widely amplified by the uncensored use of social media. Countless posts containing powerful images and videos of soldiers standing shoulder to shoulder, rallying cries from Zelenskyy on the frontline and calls from Ukrainian boxing legends for more international support from world leaders have seen the digital tool being used as an unfiltered vessel in shining a light on the atrocities of the war to a global audience – alongside broadcast and print media.  Modern warfare demands it. 

However the Ukrainian media playbook is in stark contrast to that of Russia, which has allegedly been busy manipulating the perception of the war in a campaign of propaganda and deception to maintain morale and garner support inside Russia for a war that is immoral to its core.  

By both Zelenskyy and the Ukrainian government maintaining an active, open, and candid dialogue about Ukraine’s status in this conflict, they have succeeded in maintaining pressure to act to ensure they are seen as being on the right side of history. With Russian troops pulling back in areas of Ukraine to regroup, the true horrifying nature of the conflict has recently made its way to the world’s news feeds, unveiling the destruction Russian troops have left behind in the town of Trostianets, for example. This coincides with a ramping up in foreign aid, with NATO chief Jens Stoltenberg recently pledging (some would say belatedly) to provide more assistance to avoid an escalation of the conflict and the UN suspending Russia from the Human Rights Council.  

Conclusion 

Zelenskyy’s continued display of communications prowess in the face of a crisis has provided strength and comfort to the millions of people directly impacted by the war. Such effective leadership has also led other people of power to feel inspired to take action to extinguish this ongoing crisis from escalating any further.  The pen is indeed mightier than the sword. 

By Declan Flahive, 11/04/2022

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ONTIER: Reaction to Bitcoin Developers’ Contesting Jurisdiction

Litigation law firm ONTIER LLP responds to the judgment handed down by Mrs Justice Falk today. This follows a successful application by 13 of the 16 bitcoin developer defendants to challenge the English court’s jurisdiction in legal proceedings brought by Tulip Trading Limited (TTL), a Seychelles registered company, whose primary beneficial owner is Dr Craig Wright.   

Oliver Cain, Partner at ONTIER LLP comments:

“We are disappointed the English Court has granted the various Defendants’ applications and found that TTL has not established a serious issue to be tried on the merits of the claim in relation to whether or not developers owe fiduciary and tortious duties to those who have lost access to Bitcoin held on the networks which they control.  However, we note that the Judge did not reject TTL’s factual case. She held that the Defendants’ evidence was “certainly not sufficiently strong to enable me to conclude that TTL’s factual case was no more than fanciful”. She criticised the amount of evidence filed in respect of the facts of the case as “an unhelpful distraction”. 

We further note that the Judge found that TTL had the better of the arguments on the jurisdictional gateways and that England was the appropriate forum for the trial of the dispute.  In doing so, the Judge upheld TTL’s arguments that it is resident in the jurisdiction and that its Bitcoin is also located here.  The Judge also rejected the Defendants’ allegations that there had been material non-disclosure by TTL in its application for permission to serve out. 

“Nonetheless, the matter does not rest here.  The duties and responsibilities of developers are issues of the highest legal importance in a rapidly developing field that need to be fully aired and determined by an appellate court. As such, Dr Wright on behalf of Tulip Trading will seek leave to appeal today’s judgment.

The defendants in this unprecedented action are the developers of BTC, BCH, BCH ABC and BSV residing in various jurisdictions across the world including: Netherlands, Switzerland, Kitts and Nevis, France, Japan, numerous different states in the USA, New Zealand and Australia.

ONTIER was originally granted permission to serve all the developers out of the jurisdiction by the Business and Property Courts of the High Court in London, following a 173 page application submission detailing the claim.

ENDS

For further information please contact:

Bell Yard Communications:          O: +44 (0) 207 936 2021                  BellYard@Bell-Yard.com

Melanie Riley                                     M: +44 (0)7775 591244                   melanie@bell-yard.com

Notes to Editors:

Dr Wright is the inventor of Bitcoin who set out his vision for the digital currency in his famous White Paper under the pseudonym Satoshi Nakamoto. 

The litigation sought to examine, for the first time, the nature and extent of legal duties conferred upon and owed by developers resulting from the control they exercise over their respective blockchains.   

As detailed in the Particulars of Claim, TTL requested that the individual developers enable TTL to regain access to and control of its Bitcoin on the grounds that they, the developers, owe Bitcoin owners both tortious and fiduciary duties under English law as a result of the high level of power and control they hold over their respective blockchains.

In February 2020, Dr Wright’s personal computer was hacked by persons unknown and encrypted private keys to two addresses, which hold substantial quantities of Bitcoin belonging to TTL, were stolen. These assets were, and continue to be, owned by TTL. 

About ONTIER:

ONTIER has an established and growing practice for recovering stolen and hacked Bitcoin. Its Partners, Oliver Cain and Derek Stinson, together with Felicity Potter (Senior Associate) and Nicholas Dawson (Associate), are advising TTL and instructed John Wardell QC, Bobby Friedman and Sri Carmichael of Wilberforce Chambers as Counsel on this matter.

This litigation is the latest in a series of legal claims issued by ONTIER LLP on behalf of Dr Wright and his associated entities to uphold his right to protect not only his lawfully-held digital assets, but also his reputation as the creator of Bitcoin and his associated intellectual property.

The firm is well known for its high-profile Bitcoin related litigation and has a highly regarded dispute resolution team. Its work is almost exclusively international and multi-jurisdictional in nature, focused on complex, high value international litigation, insolvency matters and arbitration in a wide range of financial and industry sectors. 

The firm acted in successful English High Court proceedings against Reliantco Investments Ltd, a digital asset and securities exchange, which blocked and seized a substantial amount from a client’s trading account. ONTIER LLP was able to recover the client’s full investment, its unrealised gains and loss of profit (that the client would have earned from intended investments had its funds not been unlawfully withheld).

ONTIER is recognised in the UK Legal 500 for commercial litigation, international arbitration and civil fraud.

The firm has offices in 18 cities in 13 countries, giving a truly international capability. 

https://uk.ontier.net/

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(25 March 2022)

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NFTs: Ukraine, Beeple & The Law

Whether you own or trade in them or think they’re little more than a speculative bubble, you can’t deny that NFTs – or Non-Fungible Tokens – have entered the public consciousness in recent times.


What are NFTs?

Firstly, what even are these strange digital tokens that have been causing such a wave of interest across popular culture? 

Non-fungible tokens are essentially unique and irreplaceable digital tokens containing valuable information stored on a blockchain – essentially a database of transaction records – with the Ethereum blockchain being the most popular. Think of them as a digital asset that represents real-world objects like music, digital trading cards, in-game items, and videos – but the real craze has been for NFTs in the digital art format which has taken the art world by storm. 

Art World

The prevalence of NFTs can perhaps be attributed to the continued endorsements of high-profile names, mainstream media coverage, and social media hype which boosts a market whose products arguably have no actual intrinsic value. However, the seismic shift this new art form is causing can be clearly seen through nearly $41 billion being spent on NFTs by the end of 2021 – making the market nearly as valuable as the global art market. One of the most well-known NFT artists is Mike “Beeple” Winkelmann, whose NFT “Everydays: the First 5000 Days” sold for an astounding $69 million at Christie’s in March 2021.  According to Christie’s, the sale put “Beeple” “among the top three most valuable living artists,” behind only David Hockney and Jeff Koons.

Popular Culture

Celebrity endorsements for NFTs and such collections as “The Bored Ape Yacht Club” has been a significant catalyst in the explosion in popularity of NFTs. “The Bored Ape Yacht Club” is one of many exclusive NFT digital art collections, with only 10,000 Bored Apes NFTs in existence. Access to an exclusive club known as “the swamp club” is also granted to each owner of one of the rare ape-themed NFTs. Owning NFTs from an exclusive collection usually grants access to prestigious real-world events or Discord group chats with the world’s elite, thus increasing their value beyond mere aesthetic appeal.

Many influential people display their allegiance to their NFT community by changing their social media profile picture to a cartoonish picture of their colourful animated ape NFT, for example. Such celebrity endorsements range from billionaire Elon Musk, Twitter co-founder and CEO Jack Dorsey, and footballer Lionel Messi to artist Damien Hurst, online personality KSI, and former One Direction singer Liam Payne, to name a few.

Companies are also jumping on the trend, with Spotify recently announcing plans to add blockchain technology and non-fungible tokens to its streaming service, a move that many are optimistic will help to boost artists’ earnings. Twitter, Facebook, Instagram, and Reddit are also some of the latest social media heavyweights to announce plans to enable the trading and displaying of NFTs on their platforms. Snoop Dogg has also emerged as a prominent player in the market, selling more than $44 million worth of NFTs over the course of five days in support of his new album, sending shockwaves across the music industry in the process. For context, the album would have needed to amass 7.3 billion streams to earn him that same amount of alleged revenue. 

Concerns & The Law

NFTs have, however, prompted security concerns that need to be addressed if they are to convert the doubters. These issues include such scenarios as if the platform an NFT is built on goes out of business the NFT might not be accessible and thereby lose all value. Also worth noting is the rise in NFT fraud with one of the simplest forms of fraud coming in the form of people selling NFTs from artworks that they do not own the right to use. Litigation PR skills could be needed to convince a sometimes sceptical mainstream media that the theft of NFTs by unanimous individuals acting online is as damaging as the misappropriation of real-world assets. To ensure such online characters are held accountable for their actions there will also need to be an adaption of the law for a new third category of legal “things” to exist – a tertium quid – to sit alongside those of ‘chose in possession’ and ‘chose in action’.

The NFT market has also been unsteady in recent times with a significant slowdown in the market seen through the number of accounts buying and selling NFTs falling from 380,000 at its peak in November 2021 to 194,000 currently, along with a startling drop of 48 percent in the average selling price in the same period, according to NonFungible – the world’s largest NFT data resource. This also correlates with the cryptocurrency market which widely peaked in November 2021, such as the Ether cryptocurrency which uses the Ethereum blockchain upon which many NFTs are positioned, issuing a stark reminder of the digital assets market volatility.

Ukraine

The war in Ukraine has seen a significant flow of cryptocurrency and NFT donations coming into the country to help fund its war efforts against the invading Russian forces. The Ukrainian government is even releasing an NFT collection to add to this unconventional fundraising vessel, with each token carrying a piece of art representing a story from a trusted news source documenting the war. This opening of the door for media-related NFTs could mean that in the future we may well see a collection of NFTs released by broadcasters on our own shores. NFT collections of archive footage from the two World Wars and later conflicts to fundraise for Remembrance Sunday, or famous newspaper front pages from the past could be just a few of the copious digital products on the horizon. If it makes money it makes sense. Rather than just reporting on the subject from the outside looking in, the media world would be interwoven with it. You would reasonably assume that this would cause a greater sense of seriousness and urgency to develop around the reporting of the subject, particularly around allegations of fraud.

Final Note

Do NFTs represent the future of the internet as it edges towards its new phase of the “Web3” and the metaverse which will transform a myriad of industries, or are they just a huge digital pyramid scheme that is yet to implode? Whatever the outcome, there is something to note from a PR standpoint and that is the power of the endorsement and hype in bolstering the emergence of NFTs and cryptocurrencies in the past couple of years. 

This familiarisation and repackaging of NFTs to make them appear “cool” to own – and smart to invest in – by some of the most influential people on the planet have fanned the flames of society’s interest and allowed the NFT train to continue down its uncertain tracks. 

Is this the start of a new era? We’ll have to wait and see.  

By Declan Flahive

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PR Gone Wrong: International Women’s Day

Of all the PR and marketing initiatives launched on International Women’s Day on Tuesday this week, one in particular stood out – for all the wrong reasons. 

The London Dungeon decided to change the gender of Jack The Ripper to mark the day, unveiling a “Jack becomes Jackie” exhibit played by a female actor and questioning whether the “notorious killer [was] actually a woman”. The serial killer, who was never identified, murdered at least five women in Whitechapel in the late 1880s.  

The special International Women’s Day exhibit told the story of convicted murderer Mary Pearcy, who was named as a possible Jack the Ripper suspect by author William Stewart in 1939.

In a now deleted press release, The London Dungeon said: “With men often stealing the spotlight when it comes to the ghastly and gory crimes, we wanted to give ladies their dues for International Women’s Day … Rather than the usual honouring, we’ve given the day a London Dungeon twist while telling a story that many may never have heard before.”

Not surprisingly, The London Dungeon’s actions were greeted with incredulity and outrage on Twitter.

In a strongly-worded rebuke, Refuge, the domestic violence charity, branded the initiative “a cheap marketing stunt” that “trivialises the systematic murder of women by a serial killer”.

Following the social media backlash and subsequent mainstream media interest, The London Dungeon deleted its communications on Jackie The Ripper and was forced to issue a statement apologising for any offence caused. 

Controversially exploiting and sensationalising violence against women by recasting a serial killer of women as a woman in a cynical and blatant bid to boost ticket sales – on a day meant to celebrate women’s achievements, a year after the murder of Sarah Everard, and amid a high-profile campaign to make misogyny a hate crime – was never a good idea.

Tasteless, offensive, ill-judged (if, in fact, any judgement was shown at all), the sorry episode highlights just how out of touch The London Dungeon was with the public mood, putting commercial considerations above all else and underestimating the risk of reputational damage.

Burger King similarly made a whopper of a PR blunder on International Women’s Day last year, tweeting “Women belong in the kitchen”.  A supposedly humorous teaser for a campaign promoting a cooking scholarship for female employees, most people did not read beyond this initial Tweet, with many taking to social media to express their disgust at the use of such a sexist trope, on International Women’s Day of all days.

A subsequent Tweet provided much-needed context: “If they want to, of course. Yet only 20% of chefs are women. We’re on a mission to change the gender ratio.” But by then, the damage had been done and Burger King’s PR team spent the day firefighting – responding to media queries, explaining the campaign, apologising for getting the initial message wrong and promising to do better next time, and eventually deleting the offending Tweet. 

PR Lessons To Be Learned

So, what lessons can be learned? Do your research. Know your audience. Understand the wider context. Be aware of potential pitfalls and sensitivities. Test your ideas – and not just within your immediate team, to avoid groupthink. Be careful when using humour to promote an issue with the potential to cause offense or upset. And if you get it wrong and a PR debacle ensues, ‘fess up – take swift action to apologise, engage with the media and your followers, and learn from your mistakes.

 By Sarah Peters, 11/03/2021

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International Women’s Day: CLCA Professionals

From founders to pioneers, the following profiles showcase a collection of exceptional international female talent who are involved with the Crisis & Litigation Communicators Alliance (CLCA).


Tracey Cain

Tracey is the founder and Chief Executive Officer of Australian Public Affairs – one of Australia’s largest independently owned agencies.

In her 26 years at the helm, she has developed a specialty in reputation risk and reputation management particularly in the legal and litigation, education and training, not for profit, and social policy sectors.

Her background is in media and communications roles.

On the political front she worked as a journalist in both the State and Federal Press Galleries, as a Ministerial media advisor in Australia, and also in the White House on the President’s personal staff during the 1996 Presidential Elections.

She has worked as a Director of Communications for a leading global law firm offering advice to the firm and its clients.  She later served as the founding CEO of a health and aged care foundation.

Tracey holds a Graduate Diploma in Commercial Broadcasting, a Bachelor of Laws degree, a Master of Public Affairs and was awarded a Winston Churchill Trust Fellowship in 1996.

She is a director of the Association of Independent Schools of NSW and Knox Grammar School, and previously served for ten years on the national board of the Winston Churchill Memorial Trust.


Ianika Tzankova

Holding the first European professorship in collective redress since 2007, Ianika is a pioneer in the field.

As a partner at the law firm Birkway, she combines academia with practice and is internationally recognised for her knowledge of strategies for resolving cross-border mass disputes, using innovative litigation and alternative dispute resolution approaches.

She was a partner with a large litigation boutique where she was member of the Financial and Commercial Litigation practice group and has also worked in-house for two publicly listed litigation funders. Having assisted corporate clients, claim vehicles, litigation funders, governmental and non-profit organisations, ‘bookbuild’ entities, case originators, Dutch and foreign legal counsel on all aspects of mass claim dispute resolution, Ianika is a ‘mass claims all-rounder’ who is sought after for legal opinions and the structuring and implementation of creative litigation strategies in multi-jurisdictional disputes, particularly in the areas of investor protection, competition, data privacy, product liability and consumer law. Additionally, Ianika assists high-net-worth individuals, family businesses, corporate clients and foreign law firms with litigation project management in complex high-profile commercial disputes, involving the use of PR and litigation financing. She has also a keen interest in multi-jurisdictional asset tracing and enforcement.

Ianika is alumna of Tilburg University and holds a PhD on Access to Justice in Mass Claims. She was admitted to the Bar in 1997.

Ianika was born and raised in (communist) Bulgaria and emigrated to the Netherlands in 1991, shortly after the fall of the Berlin wall. She was a Fulbright Visiting Scholar at Stanford University in 2012 and has had a soft spot for California eversince. High on Ianika’s Bucket list is to make an absolutely perfect Pavlova…so far all her attempts have failed miserably (no foto’s attached).


Derede McAlpin

Derede McAlpin is a crisis management and Diversity, Equity & Inclusion (DEI) expert and trusted advisor to CEOs, attorneys, C-suite executives, and Boards of Directors, and public figures.

With a specialty in getting clients into and out of the news – but mainly out – her proven record of developing balanced news coverage has been invaluable to clients facing intense media scrutiny, DEI initiative challenges, bet-the-farm litigation, executive scandals, and other sensitive issues. 

Ms. McAlpin also works with leading institutions and corporations to advance their DEI goals, shape Environmental, Social and Governance (ESG) and Sustainability plans, and establish trust with their employees, customers, and community.  

Ms. McAlpin currently serves as Senior Vice President and Head of Litigation Communications and Diversity, Equity and Inclusion for LEVICK, a global advisory firm. Prior to LEVICK, Ms. McAlpin served as vice president and chief communications officer for the Association of Corporate Counsel (ACC), the world’s largest organization representing the professional and business interests of corporate lawyers. Her experience also includes work as a strategic advisor to AM Law 100 firms and positions with Howard University, Superior Court for the District of Columbia, 6ABC News (Philadelphia), and a clinical at the City of Philadelphia District Attorney’s Office.  

Frequently quoted as an authority on complex DEI, legal, and business issues, Ms. McAlpin is sought after by organizations to speak on the challenging issues confronting corporations and has contributed commentary on global business and crisis issues to such media outlets as NBC Nightly News, the Washington Post, and Thomson Reuters.  

Ms. McAlpin received her Juris Doctor degree from the Temple Beasley School of Law and a Bachelor of Arts in Communications from Howard University. She has also received leadership training at the Yale School of Management Executive Education program.  

Her additional career highlights: 

  • Derede McAlpin provided executive level counsel and direction for the Association of Corporate Counsel (ACC) and its global board of directors.  
  • Successfully executed the launch of a first-in-class research division for ACC, as well as a broad range of benchmarking and survey products, and data analysis services.  
  • Ms. McAlpin currently chairs LEVICK’s litigation and DEI practice groups. With more than 20 years of communications and legal experience, she represents clients facing high profile crisis and litigation issues, including government investigations, lawsuits, sensitive race issues, corporate scandals, and sexual misconduct allegations, among others.  
  • She also advises clients on class actions, tribal sovereign immunity cases, and Multi-District-Litigation. 
  • A former member of the press, Ms. McAlpin conducts professional development, DEI, and media training workshops for executives and lawyers.  
  • Some of Ms. McAlpin’s most memorable projects include leading international communications on behalf of the nation’s first full face transplant recipient, working on the landmark US Supreme Court First Amendment case Snyder v. Phelps, and providing pro bono support for underrepresented groups and individuals.  
  • During her tenure at Howard University, she launched an amicus curiae campaign in support of respondents in Grutter v. Bollinger, a landmark Supreme Court case on affirmative action in student admissions.   

Kate Hartley

Kate Hartley is a crisis communications consultant and trainer, and the author of ‘Communicate in a Crisis’ (Kogan Page, 2019), a book that explores the changing way people behave in crisis situations. 

She is the co-founder of Polpeo, a crisis simulation company that helps some of the biggest brands and agencies in the world prepare for a crisis, and she is a visiting lecturer for various universities. She is a member of the CIPR and a Fellow of the PRCA, and was named in PRovoke Media’s Innovator 25 EMEA list in 2021. 


Caroline Sapriel

Caroline Sapriel is the founder and Managing Partner of CS&A, a specialist risk and crisis and business continuity management consulting firm with offices in Hong Kong, the United Kingdom, Belgium, The Netherlands, Singapore, and the United States.

With over 30 years’ experience in risk and crisis management, Caroline is recognized as a leader in her profession and acknowledged for her ability to provide customised, results-driven counsel at the highest level.

Over the years, Caroline has advised senior corporate executives in high-risk industries internationally. Her multi-disciplinary background and experience has enabled her to provide clients with an in-depth analysis of their crisis management capability as well as help them develop effective risk and crisis response organizations and stakeholder and reputation management strategies. She has been directly involved in helping clients manage crises in the oil and gas, chemical, transport, shipping, aviation, pharmaceutical and consumer product sectors. 

Caroline is an accomplished trainer, facilitator and coach in risk, issues and crisis management as well as in communication skills. As such, she has coached many senior executives at leading multinational corporations internationally. Caroline regularly speaks at international conferences and seminars on risk and crisis management. She is a guest lecturer on corporate crisis management at the University of Antwerp and at the graduate school of public administration of Leiden University.

Caroline is a member of the Business Continuity Institute, of the International Association of Business Communicators and serves on its global ethics committee, and of the European Association of Communications Directors. In 2011, she received a Gold Quill Award from IABC for her firm’s 10 Commandments of Crisis Management. She has authored many articles on the subject of crisis management and co-authored two books – Crisis Management – Tales From the Front Line and 25 years of Crises in Review: The Good , The Bad and The Ugly – with CS&A Senior Partner Dirk Lenaerts. Prior to establishing her own consulting firm, Caroline held various senior management positions with international communications consultancies where she helped clients respond to crises and enhance their crisis communication capabilities.

Caroline is fluent in French, English, Spanish, Hebrew and Mandarin, and holds a BA degree in Chinese Studies and a BSc degree in International Relations.


Sarah is a Senior Consultant at the leading London-based Litigation PR and legal sector reputation management agency, Bell Yard Communications.

Sarah has more than twenty years’ experience in professional services communications, spanning media relations, issues management, corporate and crisis communications.

Before joining Bell Yard Communications where she focuses on profile-raising for law firms as well as advising on litigation PR and reputational issues, Sarah was Global PR Manager at leading law firm, Linklaters LLP.

She was previously a Director at international communications consultancy, Citigate Dewe Rogerson, where she developed reputation management and thought leadership campaigns for a diverse mix of financial, legal and corporate clients.

Sarah began her public relations career at Spada, a specialist professional services communications agency, following a stint as a journalist.

She holds a degree in French and German from the University of Oxford and a Masters in Photography Arts from the University of Westminster.


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BBC: Chasing Polar Bears

The news that Emily Maitlis and Jon Sopel are leaving the BBC is the latest in a line of senior journalist departures for the Beeb. It comes hot on the heels of business reporter losses precipitated by moving the R4 Today business team from London to Manchester and rumours that Amol Rajan was given the much-maligned interview with Novak Djokovic as a sop to avoid his defection to ITV. All this, of course, at a time when Culture Secretary Nadine Dorries is questioning the BBC funding model and when the Government, not to mention swathes of viewers, are concerned our once-loved national broadcaster has become too woke for its own good.  

So what does all this ‘trouble at mill’ mean for us PRs? 

Well, it merely confirms a trend that has been emerging in recent years. The BBC is no longer necessarily the golden ticket to getting your PR campaign away. It may no longer be the most coveted medium your clients want to cover your story. It may not, in fact, deliver the audience you need to address.  

That is not to say the BBC is no longer important. Don’t go writing the corporation off just yet. On the world stage, the BBC brand still shines brightly.  But with other media outlets and a proliferation of mediums growing loyal listeners and followers, from Global to You Tube to Podcasts, and with many of those outlets devoted to a preferred agenda, the media landscape is now so diverse that targeting content is a far more precise art these days.  Associating your brand and its experts with the agenda of your preferred media outlet by offering appearances/pitching articles increasingly requires consideration of the risk:reward ratio.  If the BBC can no longer hold itself up as the bastion of impartiality, then it becomes just another player in the influence game. 

Ms Dorries described the BBC this week as “a polar bear on a shrinking ice cap”.  That makes life more complicated for us PRs but also arguably more interesting too.  

Louise Beeson, 24/02/2022

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Send in the Clowns

Another day, another PR gaffe from Number 10 and its communications machine.

It might only be his first day in the job but the Prime Minister’s new director of communications, Guto Harri, has already made the UK national headlines for saying that Boris Johnson is “not a complete clown”.

Describing a meeting he had with Johnson last week, Harri told Welsh-language news website, Golwg.360, that the Prime Minster initiated a rendition of Gloria Gaynor’s I Will Survive, that there was “a lot of laughing” and “a serious conversation about how we get the government back on track and how we move forward”.

If Harri was trying to change perceptions of his boss from a party-loving clown – whether in the sense of a jester or a fool, or both – to a competent leader capable of serious thought and committed to delivering his agenda for the country, then it was an interesting approach, to say the least.

PR Perspective

One of the most basic rules of PR is, don’t say anything that you wouldn’t want to see in print – and that includes repeating inflammatory or damaging words, even if used in a negative context. As in Harri’s case, those words often become the headline and have the opposite effect to that intended.

Furthermore, if you’re going to cite examples, make sure they’re consistent with your overall message. The image of the Prime Minister singing a seventies disco classic with his new communications chief simply reinforces those perceptions of buffoonery. (Similarly, was eulogising Peppa Pig World in a speech to the Confederation of British Industry – as Johnson did last year – really going to burnish his credentials as someone serious about business?)

In another departure from PR best practice, Harri was repeating a private conversation he had with the Prime Minister, which he must have realised would be picked up by the mainstream UK media. Johnson’s official spokesperson declined to comment, saying he “would not get into private conversations”.    

And in telling the story, Harri has become the story – something which PR professionals usually go to great lengths to avoid. Their job should be to develop communications strategy, shape the messages and advise on their delivery from behind the scenes, rather than taking centre stage.  

Reactions from the Prime Minister’s opponents

Not surprisingly, the Prime Minister’s opponents have leapt on the comments, with Labour calling out the “clown show nonsense” and Nicola Sturgeon branding them “offensive” in the current circumstances.

Time will tell whether Harri and the rest of the new Number 10 team of “grown-ups” can help to reset the balance, restore trust in the government and ensure that the Prime Minister does indeed survive. There is no doubt that the task is immense – but it is certainly providing plenty of fodder for PR case studies.

Sarah Peters, 08/02/2022

We are recognised leaders in our field. We are proud to uphold the ethical and educational standards for the PR industry as members of the CIPR and PRCA.

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Dominic Cummings: The Source of Boris’s Problems

Dominic Cummings has been hell-bent on staying in the public’s eye through his continuing campaign to pick apart Boris Johnson’s political career, slice by slice. However, should the mainstream media be giving such primetime limelight to accusations from a man who holds such a personal vendetta against the PM that any statement he makes is smeared in bitterness? 

Dominic Cummings has been drip-feeding his blogged claims to the nation’s journalists ever since he left No. 10, slamming the brakes and, knowingly through the media as a proxy, halting the government and the country from moving forward towards some sense of normality. Whilst holding the government and the prime minister to account is an honourable necessity of any functioning modern society, it does feel like there is a danger of slipping into the pedantic and petty. The public is left with contemplating the difference between a party and a gathering, which all feels rather paltry in comparison to the mounting possibility of a Russian invasion of Ukraine looming on the eastern horizon. 

Of course, the wider question emerging is Boris’ integrity and whether he lied to Parliament – which is indeed significant stuff. But are we really going to let Cummings derail the current Government, if not now then later, such is his determination to dethrone and cause reputational damage to Boris Johnson, not to mention Carrie Symonds? What would that do to Cummings cause celebre – the Brexit project?

What are the lessons to be learned?

That leaders and high-profile individuals have enemies and vulnerabilities the media love to exploit. The old adage keep your friends close and enemies closer springs to mind. That relationship fall-outs between leaders and their advisers/co-workers can become highly distracting, circus-like, and sometimes so toxic that they overshadow the main act, to mutually devastating effect.  The public interest is only maintained for a limited time. Then the desire to get rid of all protagonists is overwhelming, meaning neither side prevails. 

That the media can be a very powerful estate. Their agenda influences public opinion, customer behaviour and regularly makes or breaks careers.

We’ll soon see if wounded Boris manages to limp on next week. Meantime we can’t help thinking that his choice of co-workers is another failing to which we should have been wiser, and whether Dominic should have been made to sign an enforceable NDA. That said, employment lawyers remind us no agreement would prevent the reporting of criminal allegations. Dominic might not be so easily put back in his bottle.  Grab the popcorn once more.

Declan Flahive, 28/01/2021

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The Power of An Apologetic Truth

Few among us could genuinely deny having made errors of judgment, whether inadvertently or otherwise. To err is human, as we are told. But so often these days otherwise forgivable missteps by public individuals captured in the omnipresent lens of social media are made infinitely worse by their first reaction to exposure of the initial wrongdoing. Molehills become mountains, challenges crises from which it can be truly hard to recover, if not already fatal to both career and reputation.

It strikes Bell Yard Towers that 2022 has begun with a flurry of high profile misconduct that might so easily have been prevented had the protagonist made better decisions in the wake of their original misdemeanour. The Prime Minister is obviously a case in point. Why obfuscate when asked the seemingly simplest of questions – “did you attend a party during lockdown?” It was surely inevitable that photographic evidence would emerge, let alone credible testimony by others, given the numbers of people also in attendance on each occasion and the politics involved. A swift admission, recognition of wrongdoing, reflection and public apology would have allowed many voters to put the issue to bed. Sadly, decisions taken once the first party was exposed have led us all down a rather bumpy garden path.

Sporting supremo, Novak Djokovic would have known that tennis aficionados, let alone casual observers, were well aware of his stated aversion to inoculations, his desire to determine what he puts into his body let alone his refusal to confirm publicly his unvaccinated status.  So when the Australian Open announced its all-player vaccination requirement all eyes were on Novak to see if he’d be withdrawing or whether a controversial route would be found for him to compete. As it was, the late confirmation of his medical exemption came as little surprise. Equally predictable was the swift public scepticism as to its validity. But the real astonishment was his tone-deaf social media posts proudly confirming his voyage to the southern hemisphere – waving his immunity in the face of a pandemic-hardened local population. This red rag to the bull that is Prime Minister Morrison, someone fiercely in election-campaigning mode, was unlikely to end well. But even then there remained the opportunity to recover his pride and reputation by returning to Monte Carlo acknowledging the errors made.  Sadly, he double faulted.

Prince Andrew’s decision to front public disquiet with a sit-down interview with one of the country’s most high-profile and able journalists was, perhaps predictably, a disastrous move, not least because of the implausible ‘evidence’ he gave which he believed would enable him to disprove the serious allegations he faces. Were you the complainant, you might well consider this decision to ‘tell-all’ a deeply provocative act that might fuel the determination to have your day in court rather than consent to a quick and quiet pay-off. The failure to show empathy for the victims or offer any apology for his relationship with Epstein compounded the situation. Sadly it has been left to the Royal Family to act decisively.

The common theme throughout these errors of judgment is a lack of awareness of the right thing to do from the outset: tell the truth, acknowledge the perception of past acts and say sorry. In other words, own the difficulty. In some of these cases, the sting may not have been fully eased by these three seemingly obvious steps, but they may have gone a good way towards pacifying an increasingly disillusioned audience. Of note in at least two, if not all three of these cases, public opinion swayed wildly as bit-by-bit more facts have emerged. But reputations are rarely enhanced by the drip feed of titbits that give oxygen to the controversy yet raise more questions than answers. 

In our line of work we surprisingly still see circumstances in which an early apology and recognition of the hurt or difficulty caused could have prevented the descent into contested and costly litigation. The power of an apology to take the wind out of the sails of even the most ardent opponent remains widely underappreciated. An apology is not necessarily an admission of liability, rather an expression of empathy that, provided sincerely expressed, can be a route to forgiveness and mutual understanding.  

People in the public eye could certainly benefit by taking counsel from diverse and objective advisers prepared to speak truth to power, telling it as it is. 

By Melanie Riley, 17th January 2022

We are recognised leaders in our field. We are proud to uphold the ethical and educational standards for the PR industry as members of the CIPR and PRCA.

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