15 April 2010

BCA vs Singh

The BCA have decided to drop the case: a very sensible course. The BCA should now lick its wounds and pay all Simon's legal costs and ponder very deeply upon how they should respond to such things in the future.


Having carefully considered its position in the light of the judgment of the Court of Appeal (1st April 2010), the British Chiropractic Association (BCA) has decided to discontinue its libel action against Simon Singh.

As previously made clear, the BCA brought the claim because it considered that Simon Singh had made a serious allegation against its reputation, namely, that the BCA promoted treatments that it knew to be “bogus”. The Honourable Mr Justice Eady, the UK’s most experienced defamation judge, agreed with the BCA’s interpretation of the article and ruled that it made aserious factual allegation of dishonesty.

The Court of Appeal, in its recent judgment, has taken a very different view of the article. On its interpretation, the article did not make any factual allegation against the BCA at all; it was no more than an expression of ‘honest opinion’ by Simon Singh. While it still considers that the article was defamatory of the BCA, the decision provides Dr Singh with a defence such that the BCA has taken the view that it should withdraw to avoid further legal costs being incurred by either side.

As those who have followed the publicity surrounding this case will know, Simon Singh has said publicly that he had never intended to suggest that the BCA had been dishonest. The BCA accepts this statement, which goes some way to vindicating its position. The BCA takes seriously its duty and responsibilities to members and to chiropractic patients.

The BCA has considered seeking leave to take this matter to the Supreme Court and has been advised there are strong grounds for appeal against the Court of Appeal judgment. However, while it was right to bring this claim at the outset, the BCA now feels that the time is right for the matter to draw to a close.

Yes indeedy. Time for you to take your complementary medicine with a large pinch of salt. And three hearty cheers to all the hard working bloggers that supported Simon throughout this campaign. Now, if you haven't already done so, head over and sign the petition for libel reform because Free Speech Is Not For Sale.

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