In class actions, communication is vital inside – and outside – the courtroom

“Oh, I have lost my reputation! I have lost the immortal part of myself…” These words, uttered by the disgraced Cassio in Othello, illustrate that reputation is highly prized – and sorely missed when it is lost. This remains true today, 400+ years after Shakespeare’s Company was performing to audiences full of lawyers at the Inns Of Court in London.

In the latest episode of our class actions mini-series, we consider the reputational risks for companies caught up in class actions. Simon Pugh from Portland Communications explains the wider implications of such legal proceedings “which can be substantial from a financial point of view”; the importance of understanding what is driving claimants’ behaviour, and why class action PR and legal strategies need to work hand-in-hand.

To illustrate some of the reputational issues, Ashurst’s Jon Gale talks through some recent cases under the relatively new Competition Appeal Tribunal (CAT) regime. The role of litigation funders is also explored, as well as public perceptions and potential apathy toward class members receiving distribution/damages.

Finally, the trio discuss emerging PR trends for class and group actions, including public interest litigation, the impact of parent company law, and the increasing importance of ESG-related cases.

To follow this continuing class actions series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts.

The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions..