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Jean-Yves Gilg

Editor, Solicitors Journal

British Chiropractic Association drops libel action

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British Chiropractic Association drops libel action

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The British Chiropractic Association (BCA) has abandoned its libel action against science writer Simon Singh, following his outspoken comments in an article for The Guardian.

The British Chiropractic Association (BCA) has abandoned its libel action against science writer Simon Singh, following his outspoken comments in an article for The Guardian.

Dr Singh said there was 'not a jot of evidence' that members of the BCA, who are well known for dealing with back problems, could help tackle complaints such as sleeping disorders and asthma and claimed the organisation 'happily promotes bogus treatments'.

Mr Justice Eady's ruling that Singh could not rely on the defence of fair comment was overturned by the Court of Appeal earlier this month, presided over by the Lord Chief Justice, Lord Judge (see Solicitors Journal 154/14, 13 April 2010).

In a statement, a spokesman for the BCA said the association had decided to discontinue its libel action against 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',' he said.

'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.'