Singh wins right to use 'fair comment' as defence in chiropractic case

[muriel_volestrangler]

...
He suggested there was a lack of evidence for the claims some chiropractors make on treating certain childhood conditions including colic and asthma.

The BCA alleged that Singh, in effect, had accused its leaders of knowingly supporting bogus treatments.

In May last year, high court judge Mr Justice Eady, in a preliminary ruling in the dispute, held that Singh's comments were factual assertions rather than expressions of opinion - which meant he could not use the defence of fair comment.

Today, the Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley ruled the high court judge had "erred in his approach" and allowed Singh's appeal.

http://www.guardian.co.uk/uk/2010/apr/01/simon-singh-wins-libel-court

Eady is the biggest problem in British libel law. Good to see his judgements reversed. I think 'fair comment' stands a good chance of succeeding as a defence.

Liberal Conspiracy comments:

According to one tweet, from Jack of Kent, the judgement cites both Orwell and Milton – If M’luds are breaking out Areopagitica as an authority in a case of this kind then this really is going to be the landmark decision that Singh’s supporters (including me!) have been hoping for.

http://liberalconspiracy.org/2010/04/01/breaking-simon-singh-wins-libel-appeal/

[Anarcho-Socialist]

1. Does anyone know what Eady's problem is?

He was the one who let Carter Fuck have a super-injunction on free speech too. Is there any explanation about Eady's actions other than him being a dick?

[muriel_volestrangler]

2. The appeal judge called Eady's attitude 'Orwellian'

"The opinion may be mistaken, but to allow the party which has been denounced on the basis of it to compel its author to prove in court what he has asserted by way of argument is to invite the court to become an Orwellian ministry of truth."

'Dick' is kind to him, I think. The Court of Appeal had to step into his Desmond. v. Bower trial (ie Richard Desmond, the Express owner and pornographer) to prevent a miscarriage of justice:

One of them, Lord Justice Pill, said: "In this case it appears to me that, with respect, the decision of Mr Justice Eady in context was plainly wrong."

Lord Justice Hooper went further: "Unless the court interferes, the jury will not hear evidence, the absence of which in my view might lead to a miscarriage of justice.

"In my view, this is not a case of interfering with a case management decision or interfering with some discretionary decision of the judge. It is taking steps to ensure that a possible miscarriage of justice does not occur."

Lord Justice Wilson also agreed the tape should be heard: "The risk that, without access to the tape, the jury might reach a false conclusion about the existence of a grudge and the genesis of the article relating to Pentagon (Omid's fund) is substantial."

http://www.guardian.co.uk/media/2009/jul/24/richard-desmond-tom-bower-mr-justice-eady

[LeftishBrit]

3. Good.