Posts Tagged ‘chiropractic; libel; Simon Singh’

British Chiropractic Association drops case against Simon Singh

Thursday, April 15th, 2010

Good news: the BCA has, in the light of Simon Singh’s successful appeal on the question of the meaning of the words he used, dropped its libel case.   The BCA statement  is online here (PDF).  They say, in full:

Having carefully considered its position in the light of the judgment of the Court of Appeal (1st April 2010), the British Chiropractic Association (BCA) has decided to discontinue its libel action against Simon Singh.

As previously made clear, the BCA brought the claim because it considered that Simon Singh had made a serious allegation against its reputation, namely, that the BCA promoted treatments that it knew to be “bogus”. The Honourable Mr Justice Eady, the UK’s most experienced defamation judge, agreed with the BCA’s interpretation of the article and ruled that it made a serious factual allegation of dishonesty.

The Court of Appeal, in its recent judgment, has taken a very different view of the article. On its interpretation, the article did not make any factual allegation against the BCA at all; it was no more than an expression of ‘honest opinion’ by Simon Singh. While it still considers that the article was defamatory of the BCA, the decision provides Dr Singh with a defence such that the BCA has taken the view that it should withdraw to avoid further legal costs being incurred by either side.

As those who have followed the publicity surrounding this case will know, Simon Singh has said publicly that he had never intended to suggest that the BCA had been dishonest. The BCA accepts this statement, which goes some way to vindicating its position.

.The BCA takes seriously its duty and responsibilities to members and to chiropractic patients. The BCA has considered seeking leave to take this matter to the Supreme Court and has been advised there are strong grounds for appeal against the Court of Appeal judgment. However, while it was right to bring this claim at the outset, the BCA now feels that the time is right for the matter to draw to a close.

Ben Goldacre’s Bad Science Blog has this to say:

Chiropractors are now a profession under siege. The message is clear: if you are surviving quietly in the shadows between real clinical evidence and vague superficial plausibility, then drawing attention to yourself with a big fight over evidence and some fairly moderate criticisms cannot ever be a good idea.

But most damnable is that this case should have taken place in the arena of medicine, where reasonable criticism of each others practises should never be stifled, for one very simple reason: it’s possible, in medicine, to do enormous harm, even when you set out with the best of intentions.

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Posted by: Dan @ Incredulity Services