British Chiropractic Association v Singh [2009] EWHC 1101 (QB) (07 May 2009)

British Chiropractic Association v Singh [2009] EWHC 1101 (QB) (07 May 2009)

The words complained of refer specifically to the BCA, allege it knowingly promotes bogus treatments despite knowing there is no evidence, and amount to factual assertions of dishonesty, not mere comment.

Citation
[2009] EWHC 1101
Parties
Claimant: British Chiropractic Association; Defendant: Simon Singh
Jurisdiction
England and Wales
Judgment Date
07 May 2009
Procedural Posture
Libel Action / Preliminary Ruling on Meaning and Fact/comment Distinction
Outcome
Claimant's pleaded meanings upheld; words are defamatory and constitute allegations of fact.
Legal Topics
Defamatory Meaning, Fact Vs Comment, Corporate Claimant, Freedom of Expression
Defamation Media Law Defamatory Meaning Fact Vs Comment Corporate Claimant Freedom of Expression

Case Brief

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Parties

British Chiropractic Association

Claimant

Simon Singh

Defendant

Procedural Posture

Libel Action / Preliminary Ruling on Meaning and Fact/comment Distinction

Legal Issues

  1. 1 Whether the words complained of are defamatory of the claimant
  2. 2 Whether the words constitute allegations of fact or comment

Ratio Decidendi

The words complained of refer specifically to the BCA, allege it knowingly promotes bogus treatments despite knowing there is no evidence, and amount to factual assertions of dishonesty, not mere comment.

Court Disposition

Claimant's pleaded meanings upheld; words are defamatory and constitute allegations of fact.

Orders

  • Proceed to trial on justification and other substantive defences