British Chiropractic Association v Singh

British Chiropractic Association v Singh

Permission to appeal is granted because it is arguable that the judge erred in conflating the issues of meaning and classification as fact or comment, and that his approach may have imposed a disproportionate burden on the appellant and risked striking the balance between reputation and free expression too far in favour of reputation.

Parties
Respondent: British Chiropractic Association; Appellant: Singh
Jurisdiction
England and Wales
Judgment Date
14 October 2009
Procedural Posture
Civil Appeal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Libel, Fair Comment Defence, Freedom of Expression, Public Interest
Defamation Media Law Libel Fair Comment Defence Freedom of Expression Public Interest

Case Brief

Summary, issues, holding and outcome

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Parties

British Chiropractic Association

Respondent

Singh

Appellant

Procedural Posture

Civil Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether the words complained of are statements of fact or comment
  2. 2 Whether the defence of fair comment is available
  3. 3 Whether the judge erred in conflating meaning and classification as fact or comment

Ratio Decidendi

Permission to appeal is granted because it is arguable that the judge erred in conflating the issues of meaning and classification as fact or comment, and that his approach may have imposed a disproportionate burden on the appellant and risked striking the balance between reputation and free expression too far in favour of reputation.

Court Disposition

Permission to appeal granted

Orders

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