Lawyer Reveals Secrets of High-Profile Libel Battles

Media Lawyer Shares Insights on Libel Cases

Louis Sherratt, a prominent media lawyer known for his work on major cases like ‘Plebgate’ and the ‘Johnny Depp versus The Sun’ trial, has revealed the complexities and challenges of fighting libel lawsuits. Sherratt, who recently authored a memoir titled ‘Better Call Louie: Adventures in the Media Jungle,’ discussed his experiences and offered insights into why media organizations sometimes struggle in court.

The Burden of Proof in Libel Law

One of the main reasons media organizations can face difficulties in libel cases is the legal requirement to prove allegations. ‘If you’ve made an allegation, you have to prove it on a balance of probabilities, which is not always easy,’ Sherratt explained. This means the media must present enough evidence to show that their story is more likely true than not, a demanding standard in high-stakes legal battles.

Journalistic Practices and Legal Challenges

When asked if journalists’ sometimes ‘shambolic’ practices contribute to legal issues, Sherratt acknowledged that while his clients are professional, the pressure to break stories can lead to mistakes. ‘It’s the pressure of getting the story sometimes,’ he noted. Emails and internal communications can sometimes be disclosed in court, and if judges see poorly handled evidence, it can turn them against the media outlet. This highlights the critical need for meticulous record-keeping and careful communication within newsrooms.

Navigating Injunctions and Legal Threats

Sherratt described the fast-paced nature of his work, often involving quick responses to potential injunctions. Wealthy individuals may seek to prevent stories from being published, requiring media lawyers to assemble teams rapidly to fight such threats. ‘We have to assemble a team very quickly and be ready to fight an injunction,’ he said. This pre-publication legal action is a common tactic used to stifle reporting.

The ‘Plebgate’ Case: A Complex Legal Battle

Recounting the ‘Plebgate’ scandal involving former Chief Whip Andrew Mitchell, Sherratt detailed how the case spiraled into multiple legal actions. Mitchell initially denied using foul language towards a police officer. The Sun newspaper reported on the incident, leading Mitchell to sue the newspaper. Subsequently, the police officer involved also sued Mitchell. The case eventually went to trial, where a judge had to determine who was telling the truth.

‘Together with the police officer, we decided that we would ask for a trial of the facts which would then determine which way the case went,’ Sherratt stated. The outcome favored the position taken by The Sun and the police officer, demonstrating that even complex cases can be won with strong evidence.

Johnny Depp vs. The Sun: A Million-Pound Fight

Perhaps one of the most high-profile cases Sherratt discussed was Johnny Depp’s libel suit against The Sun. The newspaper had published an article calling Depp a ‘wife beater.’ Sherratt’s team faced the enormous challenge of proving the allegation was true. A key turning point was securing testimony from Amber Heard, Depp’s ex-wife.

‘We had the rather gargantuan task of having to prove he was,’ Sherratt recalled. ‘And in the end of the day, it was it was down to one thing: could we get Amber Heard, his ex-wife, to be a witness for us?’ After successfully getting Heard to testify, the case progressed, though it involved three years of legal back-and-forth.

The Cost of High-Profile Litigation

The financial implications of such cases are staggering. Sherratt estimated that defending the Depp case cost The Sun well over a million pounds. For Johnny Depp, the claimant, the costs ran into several million pounds. This immense expense highlights the financial power imbalance in libel law, where ‘money talks in these areas,’ as Sherratt put it.

He contrasted the UK case with a subsequent one in the US, where Depp sued a different publication. ‘It created an uneven playing field,’ Sherratt said, referring to the UK trial. ‘And one thing that The Sun allowed us to do was to create a level playing field and win the case on the facts.’ The judgment in the UK case was significant, with the judge finding 12 out of 14 alleged assaults proven.

The Lawyer’s Transition to Fiction

After years immersed in the intense world of media law, Sherratt decided to pursue a career in fiction writing. He found the work less exciting over time and wanted to explore creative storytelling. His memoir, ‘Better Call Louie,’ emerged partly because his novels were initially rejected.

‘I loved doing it, but a few years ago I decided I wanted to write fiction,’ he shared. Currently, Sherratt is working on political thrillers and even a play about the personal lives of Karl Marx and Friedrich Engels, showing a wide range of literary interests.

Looking Ahead

Sherratt’s experiences offer a rare glimpse into the high-stakes world of libel law. His insights underscore the importance of rigorous journalistic standards, the significant financial resources required to fight legal battles, and the evolving nature of media law. As legal challenges continue to shape public discourse, understanding these dynamics remains crucial for both media organizations and the public.

Source: Media Lawyer Behind ‘Plebgate’ And 'Johnny Depp Versus The Sun' Reveals How To Fight A Libel Case (YouTube)