The finale of a landmark libel case against a British tabloid
There was public vindication for health experts Malcolm Kendrick and Zoë Harcombe in open court last week.
Last week, a Statement in Open Court was delivered in the hallowed halls of the Royal Courts of Justice in London, marking the end of a landmark libel case.
Malcolm Kendrick, MD, and Zoë Harcombe, PhD, both widely regarded for their work in health and nutrition, filed a defamation lawsuit against The Mail on Sunday and journalist Barney Calman.
Their grievance stemmed from a series of inflammatory articles that accused them of spreading “deadly propaganda” about cholesterol and statins to boost their book sales, thereby encouraging people to abandon prescribed medications and causing significant public harm.
The allegations were not only professionally damaging for Kendrick and Harcombe, but also deeply personal, calling into question their integrity, expertise, and motives.
However, in June 2024, a pivotal legal development turned the tide decisively in their favour. A judge dismissed Calman’s “public interest defence,” concluding that his reporting was not only inaccurate but seriously misleading to readers.
As a result of this judicial outcome, Calman and his publishers were compelled to retract the articles in question and issue a formal apology, admitting that "the allegations are untrue and ought not to have been published."
The apology acknowledged the distress they had caused, consequently agreeing to pay Kendrick and Harcombe “substantial damages” and to bear the burden of their legal costs.
The Statement in Open Court provided Kendrick and Harcombe with an opportunity for public vindication. Their lawyer, Dominic Garner from Carter-Ruck, read out the meticulously crafted statement, to address the wrongs committed against them.
Garner described the pair as “passionate believers in evidence-based science and open scientific debate,” emphasising their commitment to impartiality and objectivity in evaluating medical evidence.
He made it clear that neither Kendrick nor Harcombe could justly be described as “deniers” of scientific fact or purveyors of misinformation, directly refuting the defamatory narratives propagated by Calman in The Mail on Sunday.
Both Kendrick and Harcombe expressed profound relief and satisfaction with the resolution of the case. For them, it was not merely a personal victory but a broader stand for integrity in scientific discourse.
Harcombe, who attended the reading of the Statement in Open Court, said, “I am delighted and relieved that this case has been resolved in our favour.”
Kendrick echoed her sentiments, adding, “I am very happy and relieved to have secured complete vindication for what were unfounded smears on my reputation and professional integrity.”
He added, “Those who do not hold mainstream views on statins should not have their views rejected out of hand or be wrongly cast as dishonest propagandists, as the Mail on Sunday did here.”
Reflecting on their experiences, Kendrick and Harcombe offered a critique of Barney Calman’s journalistic approach. They lamented the lack of thorough and unbiased research that should underpin responsible reporting.
Instead, they felt Calman employed sensationalist tactics deliberately designed to discredit their work without providing them the opportunity for a fair and balanced representation of their views.
The hope is that this case will serve as a cautionary tale for media outlets, reminding them of their responsibility to report accurately and fairly, particularly when dealing with complex scientific issues.
It also stands as a robust deterrent to journalists who might consider engaging in vindictive smear campaigns against health experts who dare to express views that diverge from the established medical dogma.
Full Statement in Open Court HERE
A win for the good guys ! Another blow for legacy media.
I hope they were or will be awarded substantial damages as well. It takes enormous courage and fortitude to pursue this kind of litigation. The financial and personal costs are significant. I’m thrilled that justice was done in this case. So often it is not.