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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
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
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"
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"
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