European Salon de News, Discussion et Klatsch - 1 April | 94 comments (94 topical, editorial, 0 hidden)

BBC News - Science writer Simon Singh wins libel appeal

A science writer has won the right to rely on the defence of fair comment in a libel action, in a landmark ruling at the Court of Appeal.
Simon Singh was accused of libel by the British Chiropractic Association over an article in the Guardian in 2008.
Dr Singh questioned the claims of some chiropractors over the treatment of certain childhood conditions.
The High Court had said the words were fact not opinion - meaning Dr Singh could not use the fair comment defence.
'Meaning of words'
However, the Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley ruled High Court judge Mr Justice Eady had "erred in his approach" last May, and allowed Dr Singh's appeal.

Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Thu Apr 1st, 2010 at 07:07:30 AM EST
[ Parent ]

Re: Living on the Planet (none / 0)

British Chiropractic Association v Singh [2010] EWCA Civ 350 (01 April 2010)

Ms Adrienne Page QC and Mr William McCormick (instructed by Bryan Cave Solicitors) for the Appellant
Ms Heather Rogers QC (instructed by Messrs Collyer Bristow) for the Respondent
Hearing date: Tuesday 23 February 2010
________
HTML VERSION OF JUDGMENT

Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Thu Apr 1st, 2010 at 07:08:53 AM EST
[ Parent ]

Re: Living on the Planet (none / 0)

34. We would respecfully adopt what Judge Easterbrook, now Chief Judge of the US Seventh Circuit Court of Appeals, said in a libel action over a scientific controversy. Underwager v Salter 22 Fed 3d 730 (1994):
"Plaintiffs cannot, by simply filing suit and crying "character assassination!", silence those who hold divergent views, no matter how adverse those views may be to plaintiffs' interests. Scientific controversies must be settled by the methods of science rather than by the methods of litigation. ...More papers, more discussion, better data and more satisfactory models - not larger awards of damages - mark the path towards superior understanding of the world around us"

Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Thu Apr 1st, 2010 at 07:43:49 AM EST
[ Parent ]

LOL (none / 0)

It will make drug companies and organisations providing therapies more cautious in bringing libel actions against those writers and academics who express strong opinion about the ethicacy [sic] of their drugs and therapies.

Diversity is the key to economic and political evolution.

by Cat on Thu Apr 1st, 2010 at 07:46:03 AM EST
[ Parent ]

European Salon de News, Discussion et Klatsch - 1 April | 94 comments (94 topical, 0 editorial, 0 hidden)