British Chiropractic Association v Singh [2009] EWCA Civ 1154 (14 October 2009)

British Chiropractic Association v Singh [2009] EWCA Civ 1154 (14 October 2009)

Permission to appeal is granted because it is arguable that the judge's findings risk striking the balance between the right of reputation and the right of free expression too far in favour of reputation and against free expression, and that the judge may have conflated the issues of meaning and classification as fact or comment.

Citation
[2009] EWCA Civ 1154
Parties
Respondent: British Chiropractic Association; Appellant: Singh
Jurisdiction
England and Wales
Judgment Date
14 October 2009
Procedural Posture
Libel Action (defamation) / Renewed Application for Permission to Appeal Against Preliminary Rulings
Outcome
Permission to appeal granted
Legal Topics
Libel, Fair Comment Defence, Freedom of Expression, Article 10 ECHR
Defamation Media Law Human Rights Libel Fair Comment Defence Freedom of Expression Article 10 ECHR

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Parties

British Chiropractic Association

Respondent

Singh

Appellant

Procedural Posture

Libel Action (defamation) / Renewed Application for Permission to Appeal Against Preliminary Rulings

Legal Issues

  1. 1 Whether the words complained of are statements of fact or comment
  2. 2 Whether the fair comment defence is available to the appellant
  3. 3 Whether the judge's approach imposed a disproportionate burden on the appellant

Ratio Decidendi

Permission to appeal is granted because it is arguable that the judge's findings risk striking the balance between the right of reputation and the right of free expression too far in favour of reputation and against free expression, and that the judge may have conflated the issues of meaning and classification as fact or comment.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted
  • A substitute skeleton argument not exceeding 20 pages should be prepared for the appeal