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There are, unfortunately, several reasons this is damaging for the BBC
(1) I understand the BBC commercial arm has ambitions to expand in the US. Trump controls US regulators
(2) Every time the legal case is raised, it damages the BBCs reputation, which is the single thing of greatest value to the BBC.
(3) Every time the case is raised it helps Trump, because the single most important thing to him is to devalue truth (hence "truth social"). If facts ever become important again, Trump really is screwed. So it's worthwhile for Trump to spend $millions on this because...
(4) Regardless of merit, it will cost $millions to the BBC to defend (I heard a $50-100M estimate). So BBC lawyers will likely recommend settling at a fraction of that.
This is how the law works, on this case and everywhere else. If you're rich enough, the process itself can be used to force the other side into submission. Regardless as to the rights and wrongs.
Thanks for explaining how the law works.
Don’t disagree with much you’ve posted in points 1-3 but see them as fairly ancillary to point 4: I believe the fall off from licence fee revenues would be significant if a settlement was paid, to the extent that it would dwarf the settlement figure and the legal fees you have quoted, combined. The damage to the BBC’s reputation in the IK would be catastrophic. I therefore believe that any BBC lawyer advising them to settle in these circumstances would be providing poor, uncommercial, two dimensional, and possibly even negligent advice. If you are paid the big bucks then sometimes you have to show a pair of bollocks in your client’s best interests. A legal professional who who strong-arms their client to settle in such circumstances is disgrace and an embarrassment imo.
The foregoing is based on the fact I have yet to see a cogent argument as to why this claim has any merit whatsoever, but if you have one then I’m all ears. Otherwise your view about settling in based on fear, not logic.
To advise your client to settle a claim that you believe has no merit, when it is contrary to their wider commercial interests to do so, is actually fucking spineless; it entails advising them to act contrary to their own best interests.
Litigants like Trump prey on the mental weakness of those against whom they litigate, as well as those who advise them.
Most of the time, settlement is the most sensible and practical approach, but in my view, for whatever that is worth, this isn’t one of them.
The claim is without merit and they should tell him to go fuck himself.