British Chiropractic Association v Singh
The statement that there is 'not a jot of evidence' for the BCA's claims is an expression of opinion, not an assertion of verifiable fact. The trial judge erred in treating it as fact. The words complained of are value judgments on a contested scientific issue and are defensible as honest opinion.
- Parties
- Claimant/respondent: British Chiropractic Association; Defendant/appellant: Dr Singh
- Jurisdiction
- England and Wales
- Judgment Date
- 01 April 2010
- Procedural Posture
- Civil Appeal (defamation) / Appeal From High Court Preliminary Issues Determination
- Outcome
- Appeal allowed
- Legal Topics
- Libel, Fair Comment/honest Opinion, Freedom of Expression, Meaning of Defamatory Words
Case Brief
Summary, issues, holding and outcome
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Parties
British Chiropractic Association
Claimant/respondent
Dr Singh
Defendant/appellant
Procedural Posture
Civil Appeal (defamation) / Appeal From High Court Preliminary Issues Determination
Legal Issues
- 1 Whether the words complained of are assertions of fact or expressions of opinion (comment)
- 2 Whether the meaning found by the trial judge was correct or sustainable on appeal
Ratio Decidendi
The statement that there is 'not a jot of evidence' for the BCA's claims is an expression of opinion, not an assertion of verifiable fact. The trial judge erred in treating it as fact. The words complained of are value judgments on a contested scientific issue and are defensible as honest opinion.
Court Disposition
Appeal allowed
Orders
- The appeal is allowed; the trial judge's determination that the words were assertions of fact is set aside.
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