Is it worth it?

Posted on: 14/06/2022

Category: For you

The well-publicised libel case brought by Rebekah Vardy against Coleen Rooney because of something she tweeted has highlighted one of the basic principles of litigation – ie is the case worth the effort and money?

Section 1(1) of the 2013 Defamation Act introduced a new test which provides that a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. RV therefore needs to show that what CR tweeted was untrue and either caused or was likely to cause damage her reputation. The problem with this is that it is open to CR to dish the dirt in order to show that RV doesn’t have the kind of reputation she says she has which is no doubt why a huge amount of dirt has been dished.

The irony is that in seeking to protect her reputation RV has launched a case which brought out of the woodwork all sorts of things about RV that she would probably prefer the world to have forgotten – the law of unintended consequences. In terms of PR and reputation management no matter what the outcome arguably the case has been a disaster for her. Newspaper headlines have always been tomorrow’s fish and chip wrappings. Tweets are not even that. Defamation cases have an unfortunate habit of setting in stone an association between the allegation and the claimant – even if the allegation is shown to be untrue.

The establishment of a good reputation is relevant to both whether a defamation has occurred and if it has the level of damages. So RV might be successful in showing that the tweet was untrue but if she cannot show damage to her reputation her damages will be reduced. If the court feels that the whole case has been disproportionate to the damage suffered the question of who is going to pay the costs may become the most important part of all!