The Ink is Wet, The Story is Theirs: Navigating the UK Press in Commercial Litigation

Imagine the chilling ping of a media enquiry hitting your inbox. Your client’s name, a sensitive commercial dispute, and the looming shadow of public scrutiny.

In that moment, it can feel like you’re standing on the edge of a precipice. But here’s the stark reality: once the UK press has a scent, the story – in some form – will be published. Understanding this fundamental truth is the first, and arguably most crucial, step in navigating the turbulent waters of media attention during commercial litigation.

As a leading litigation partner, I’ve witnessed firsthand the anxiety and missteps that can occur when facing the UK press. While your, or your client’s, instinct might be to clam up, deny everything, or aggressively push back, these approaches can often backfire spectacularly. Instead, a more nuanced and strategic approach is essential.

Recognising the Landscape: Different Strokes for Different Inks

The UK media landscape is diverse, and understanding the motivations and styles of different publications and journalists is paramount:

• National Broadcasters: Often aim for balanced reporting, but are still driven by audience engagement. Their focus might be on the human interest angle or the broader implications of the dispute.
• National Newspapers: Vary significantly in their political leanings and target audiences. Some prioritise in-depth analysis, while others lean towards more sensationalist headlines to capture readership. Their business desks may have a different focus than their general news teams.
• Tabloid Newspapers: Primarily driven by dramatic headlines, human interest stories, and often adopt a more adversarial tone. It can sometimes feel like accuracy may take a backseat to impact.
• Specialist Trade Publications: Focus on specific industries and will likely be interested in the commercial and legal intricacies of the case. Their audience is often more informed.
• Online News Platforms: A vast and varied landscape, ranging from reputable news sites mirroring traditional media to smaller blogs and citizen journalism. Speed and virality are often key drivers.

The Inevitable Publication: What You Can Control

Accepting that the story will likely see the light of day doesn’t mean you’re powerless. Instead, it allows you to shift your focus to what you can influence:

• Be Proactive, Not Reactive: Ignoring media enquiries rarely makes them go away. In fact, it can create a vacuum that journalists will fill with their own assumptions and potentially less favourable information. Consider a carefully crafted statement or engaging with the journalist (even if off-the-record initially to understand their angle).
• Understand Their Angle: Try to ascertain what the journalist is trying to achieve with their story. What questions are they asking? What narrative are they building? This insight can help you tailor your response.
• Focus on Facts and Clarity: Avoid jargon and emotional language. Stick to verifiable facts and present them in a clear and concise manner. This increases the chances of your perspective being accurately represented.
• Highlight the Commercial Realities: In commercial litigation, the nuances of business dealings are often lost in simplified media narratives. Where appropriate, gently steer the conversation towards the commercial context and the potential wider implications of the dispute.
• Consider the Long Game: A short-term win in avoiding a story might lead to a more damaging exposé later. Think about the long-term reputational impact and aim for a strategy that minimises lasting damage.
• Internal Communication is Key: Ensure your client and their internal teams are fully briefed on the media strategy and understand the potential for publication. A united front is crucial.

The Power of Strategic Engagement

While you can’t dictate the headline, you can influence the narrative. By engaging strategically, you can:

• Provide Context: Help journalists understand the complexities of the case and avoid oversimplification.
• Correct Factual Errors: Promptly and politely point out any inaccuracies.
• Offer Your Client’s Perspective: Ensure their voice is heard, even if it’s within the journalist’s framing.
• Mitigate Negative Framing: By proactively providing information, you can subtly steer the narrative away from the most damaging angles.

Navigating the UK press during commercial litigation is a delicate dance. It requires understanding their motivations, accepting the inevitability of publication, and engaging strategically to protect your client’s interests and reputation.

How Can We Help?

Facing a media storm? Don’t go it alone. Recognised by the Legal 500 as a ‘Leading Partner, ‘ I have experience supporting clients through complex media situations. I can offer guidance on crafting effective communication strategies, anticipating potential pitfalls, and managing your online presence during sensitive times.

Contact Kevin Rogers today for a free initial chat to discuss your specific needs and how we can help you navigate the UK press landscape.