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

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

The statement that there was 'not a jot of evidence' to support the BCA's claims was an expression of opinion, not an assertion of verifiable fact, and thus the defence of fair comment/honest opinion is available; the trial judge erred in law by treating it otherwise.

Citation
[2010] EWCA Civ 350
Parties
Claimant/respondent: British Chiropractic Association; Defendant/appellant: Dr Singh
Jurisdiction
England and Wales
Judgment Date
01 April 2010
Procedural Posture
Appeal (defamation/libel) / Appeal From Preliminary Issues Determination in High Court
Outcome
Appeal allowed
Legal Topics
Libel, Fair Comment/honest Opinion, Distinction Between Fact and Opinion, Article 10 ECHR, Scientific Controversy in Defamation
Defamation Media Law Freedom of Expression Libel Fair Comment/honest Opinion Distinction Between Fact and Opinion Article 10 ECHR Scientific Controversy in Defamation

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Parties

British Chiropractic Association

Claimant/respondent

Dr Singh

Defendant/appellant

Procedural Posture

Appeal (defamation/libel) / Appeal From Preliminary Issues Determination in High Court

Legal Issues

  1. 1 Whether the words complained of were assertions of fact or expressions of opinion/comment
  2. 2 Whether the trial judge erred in law in treating the statements as verifiable fact rather than opinion
  3. 3 Whether the defence of fair comment/honest opinion was available

Ratio Decidendi

The statement that there was 'not a jot of evidence' to support the BCA's claims was an expression of opinion, not an assertion of verifiable fact, and thus the defence of fair comment/honest opinion is available; the trial judge erred in law by treating it otherwise.

Court Disposition

Appeal allowed

Orders

  • Preliminary ruling of the High Court set aside
  • Defence of fair comment/honest opinion available to the defendant