Simon Singh’s libel case v the BCA was at the Court of Appeal today in front of three of the most senior judges in England and Wales: Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley. They heard arguments from both barristers on the meaning of Simon’s article and on whether it was fact or comment and their judgment is expected in 6 – 8 weeks. A crowd of supporters greeted Simon as he arrived at the court.
Simon said after the hearing: “First of all, thanks to everyone who came to the Court of Appeal today, and everyone who has been so supportive over the last two years. Without your goodwill, I probably would have caved in a long time ago.
I am delighted the Court of Appeal has decided to reconsider the meaning of my article about chiropractic, and I am particularly glad that three such eminent judges will make the ruling. They grilled both sides on all aspects of the appeal. However I should stress that whatever the outcome there is still a long way to go in this libel case. It has been almost two years since the article was published, and yet we are still at a preliminary stage of identifying the meaning of my article. It could easily take another two years before the case is resolved.
More important than my particular case is the case for libel reform and I know that you share my concern on this matter. My greatest desire is that journalists in future should not have to endure such an arduous and expensive libel process, which has already affected the careers of health journalists such as Ben Goldacre, and which is currently bearing down on the eminent cardiologist Peter Wilmshurst. If Peter loses his case then he will be bankrupted. Please continue to spread the word about libel reform.”
Simon’s solicitor Robert Dougans of Bryan Cave LLP said: “It was encouraging to see three such senior judges taking such an interest in the appeal, and the BCA’s counsel was given a thorough grilling by the court.
What was significant was that the Lord Chief Justice said he was surprised that the BCA had not taken the opportunity offered them back in 2008 to publish their side of the story in the Guardian, rather than insisting Simon apologise and beginning proceedings. He also said it was a waste of both parties’ time and effort. I hope that this is borne in mind by MPs when they grapple with the need for libel reform.”
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