The reputation of Sally Morgan

Will a famous TV Psychic now take on the <em>Daily Mail</em>?

This week's Private Eye has reported that highly successful "TV Psychic" Sally Morgan is "suing the Daily Mail for implying she is a cheat". Sally Morgan strongly denies any wrongdoing.

However, it appears that Private Eye was incorrect in suggesting that a formal legal claim has already been commenced. Sally Morgan's solicitor told me he has "made a formal libel complaint to Associated Newspapers, and [he] expect[s] instructions to sue for libel if the matter is not dealt with imminently". This is a formal "letter before action" which is required before libel proceedings are issued, rather than an actual legal claim. It has been sent because Sally Morgan strongly denies any wrongdoing.

The Daily Mail has published a number of critical articles about Sally Morgan, including a scathing one by Jan Moir on 22 September 2011. In respect of those articles, Sally Morgan strongly denies any wrongdoing.

Science writer and former libel defendant Dr Simon Singh has suggested there is a better way for any allegations to be dealt with. He told me:

When members of Sally's Dublin audience suspected she had an earpiece on stage, a group of us (me, Professor Chris French and Merseyside Skeptics) decided that the best way forward was simply to enable Sally to demonstrate her powers in a scientific experiment.

Is she really a psychic?

Can she really communicate with the dead?

We bent over backwards to create a test that would allow her to clear her name. Instead of accepting the challenge, Sally set her solicitor on to me, and I received a series of heavy legal emails. I don't understand why Sally resorts to a libel lawyer, when her best approach to restoring her reputation would be to prove her abilities.

However, as many people tell me, you don't have to be psychic to work out why Sally doesn't want to be tested.

Whatever her reasons for not agreeing to be tested, it is clear that Sally Morgan strongly denies any wrongdoing.

But is the High Court in London really a better forum for establishing the truth of Sally Morgan's abilities? Is the case not dissimilar to the misconceived and illiberal libel claim brought against Dr Simon Singh by the now discredited British Chiropractic Association? In that case, the Court of Appeal ruled that scientific tests and papers were the appropriate way of testing extraordinary claims, and not libel litigation. Indeed, the Court of Appeal expressly adopted the following quotation from an American judge:

[Plaintiffs] cannot, by simply filing suit and crying "character assassination!", silence those who hold divergent views, no matter how adverse those views may be to plaintiffs' interests. Scientific controversies must be settled by the methods of science rather than by the methods of litigation. ... More papers, more discussion, better data, and more satisfactory models -- not larger awards of damages -- mark the path towards superior understanding of the world around us.

The question is whether libel litigation is really the best way of establishing the truth behind the powers that Sally Morgan claims to have, and relentlessly promotes commercially to those wanting to be in contact with lost ones. Depending on how a claim is framed, it may be that the Daily Mail will have to prove that Sally Morgan is dishonest, rather than her showing how she does what she claims to do.

So Sally Morgan may strongly deny any wrongdoing, but one can fairly ask: is libel litigation the best method of working out what she actually is doing instead?

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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How Theresa May laid a trap for herself on the immigration target

When Home Secretary, she insisted on keeping foreign students in the figures – causing a headache for herself today.

When Home Secretary, Theresa May insisted that foreign students should continue to be counted in the overall immigration figures. Some cabinet colleagues, including then Business Secretary Vince Cable and Chancellor George Osborne wanted to reverse this. It was economically illiterate. Current ministers, like the Foreign Secretary Boris Johnson, Chancellor Philip Hammond and Home Secretary Amber Rudd, also want foreign students exempted from the total.

David Cameron’s government aimed to cut immigration figures – including overseas students in that aim meant trying to limit one of the UK’s crucial financial resources. They are worth £25bn to the UK economy, and their fees make up 14 per cent of total university income. And the impact is not just financial – welcoming foreign students is diplomatically and culturally key to Britain’s reputation and its relationship with the rest of the world too. Even more important now Brexit is on its way.

But they stayed in the figures – a situation that, along with counterproductive visa restrictions also introduced by May’s old department, put a lot of foreign students off studying here. For example, there has been a 44 per cent decrease in the number of Indian students coming to Britain to study in the last five years.

Now May’s stubbornness on the migration figures appears to have caught up with her. The Times has revealed that the Prime Minister is ready to “soften her longstanding opposition to taking foreign students out of immigration totals”. It reports that she will offer to change the way the numbers are calculated.

Why the u-turn? No 10 says the concession is to ensure the Higher and Research Bill, key university legislation, can pass due to a Lords amendment urging the government not to count students as “long-term migrants” for “public policy purposes”.

But it will also be a factor in May’s manifesto pledge (and continuation of Cameron’s promise) to cut immigration to the “tens of thousands”. Until today, ministers had been unclear about whether this would be in the manifesto.

Now her u-turn on student figures is being seized upon by opposition parties as “massaging” the migration figures to meet her target. An accusation for which May only has herself, and her steadfast politicising of immigration, to blame.

Anoosh Chakelian is senior writer at the New Statesman.

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