Having carefully considered its position in the light of the totally bogus judgment of the Court of Appeal (1st April 2010), which was blatantly an April fools joke, it’s not even funny, the British Chiropractic Association (BCA) has decided to wimp out of its libel action against Simon Singh.
As previously made clear, the BCA brought the claim because it considered that Simon Singh tried to call us up on the fact we have no proof to back up our reputation, which most people were blissfully unaware of until we picked a fight with the wrong nerd. The Honourable Mr Justice Eady, the UK’s defamation judge with the coolest name (that is his actual name, right?), agreed with the BCA’s interpretation of the article and ruled that it made a serious factual allegation of dishonesty, because he, like most of the general public up until we got involved didn’t know any better.
The Court of Appeal, in its recent judgment, has taken a very weird “rational” view of the article. On its interpretation, which was totally FUBAR, the article did not make any factual allegation against the BCA at all; it was no more than some kind of expression of “honest opinion” (LOL) by Simon Singh. While it still considers that the article was well out of order to us, the decision provides Dr Singh with a defence that we can’t really afford to win, and has absolutely nothing to do with the fact that one out of every four of us are now being investigated for allegations of fraud.
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, so in our minds we win, just not financially or in the minds of anyone else. Which is indicative of the fact that science and rationality cannot explain everything.
The BCA takes seriously its duty and responsibilities to members and to chiropractic patients, but still don’t really think it’s worth putting some of our much suffering profits into researching efficacy because that could ruin everything even more. The BCA has considered seeking leave to take this matter to the Supreme Court and has been advised we should totally just, like, do it. However, with a touch of hindsight, the BCA now feels that we probably couldn’t afford it.
Now sign this: http://www.libelreform.org/sign