Carter Ruck are using the controversial recent Cliff Richard/BBC ruling in their defence argument.
If they do that, this would be a hugely controversial, potentially landmark case given the potential implications for press freedom of speech. That suggests a hugely expensive, complex argument and case not a simple 'open and shut' case to me.
Would love to know who is funding this and why.
This is absolutely to the point.
At this stage we do not know if the twitter account was a complete set-up - the pictures may or may not have been of JB's penis, even if they were, they may or may not have been taken at JB's desk with the office door locked and therefore no risk whatsoever of a third party walking in. Either of these - that the penis in the photos wasn't JB's penis, or that the photos were taken in a place reasonably deemed "private" at the time - would be a defence against accusations of "flashing" and therefore grounds for a successful libel action. (AFAIK, and lawyers may wish to correct me, libel has to demonstrate that the report was false, and that it was damaging to the person's reputation. The truth is an absolute defence against libel accusations.)
But this isn't the only angle Carter Ruck are playing - they are trying to use the Cliff Richard case as part of their defence, even though the judge in the Cliff Richard case explicitly stated that it should not be used as a precedent.
Carter Ruck are seeing this as an excuse to make Britain's libel laws - already among the most stringent in the world - tighter still, with freedom of the press as the loser.
Incidentally I predict that this thread will go "poof" as soon as the mods come on duty - there is no way MN is going to get embroiled in a libel case with Carter Ruck acting. This is not a consipiracy theory ("they're always trying to shut down debate on TRAs"), this is what any sane social media platform based in the UK therefore subject to UK law would do.