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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OK, let's do this: who REALLY won Legs-It? An exclusive investigation

Look, some of you just aren't treating this question with the seriousness it deserves. 

This morning, the Daily Mail front page dared to look past the minutiae of Brexit - can my EU partner still live here? Why is my holiday so expensive? Should we be worried that David Davis looks like a man who's ended up a minister because he lost a bet? - to ask the really big question. 

Yes, indeed. Who is Top of the Tibia? Who shines in the shin department? Which of these impressive, powerful women has lower limbs which best conform to our arbitrary beauty standards? 

In the accompanying article, Sarah Vine (herself the owner of not one, but TWO lower limbs) wrote that the women put on a show of unity with "two sets of hands clasped calmly on the arms of their respective chairs", disdaining the usual diplomatic practice of accompanying discussions about Article 50 with a solemn, silent re-enactment of the Macarena.

Vine adds: "But what stands out here are the legs – and the vast expanse on show. There is no doubt that both women consider their pins to be the finest weapon in their physical arsenal. Consequently, both have been unsheathed." That's right, people: Theresa May has been unafraid to wear a skirt, rather than a pair of trousers with one leg rolled up like LL Cool J. A departure for Mrs May, to be sure, but these are uncertain times and showing off just one calf might see the stock markets plunge.

The prime minister has come to the bold decision that her legs are the "finest weapons in her physical armoury", when others might argue it's the sharp, retractable venom-filled spurs on her fore-limbs. (Oh wait, my mistake. That's the duck-billed platypus.)

As ever, the bien-pensant left is squawking about sexism and avoiding the real issue: who really won Legs-it? Well, there will be no handwringing over how this is a belittling way to treat two female politicians here, thank you very much. We shall not dwell on the fact that wearing a skirt while doing politics is not really remarkable enough to merit a front page, oh no. Instead, we shall bravely attempt to answer that Very Important Question. 

Who really won Legs-it? 

1. David Cameron

We might not know who won Legs-It, but let's be honest - we all know who lost. David Cameron here has clearly concluded that, much like Andrew Cooper's pre-referendum polling results, his legs are best hidden away while everyone politely pretends they don't exist. 

Legs-It Rating: 2/10

2. Michael Gove

Fun fact: Michael Gove's upper thighs are equipped with sharp, retractable claws, which aid him in knifing political rivals in the back.

Legs-It Rating: 8/10

3. David Davis

Mr Davis's unusually wide stance here suggests that one leg doesn't know what the other is doing. His expression says: this walking business is more difficult than anyone let on, but I mustn't let it show. Bad legs are better than no legs.  

Legs-It Rating: 6/10

4. Boris Johnson

Real talk: these legs don't really support Boris Johnson, they're just pretending they do to advance their career. 

Legs-It Rating: 6/10

5. George Osborne

Take in these long, cool pins. These are just two out of George Osborne's six legs. 

Legs-It Rating: 9/10

6. Liam Fox

In the past, Liam Fox has faced criticism for the way his left leg follows his right leg around on taxpayer-funded foreign trips. But those days are behind him now.

Legs-It Rating: 10/10

7. Nigel Farage

So great are the demands on the former Ukip leader's time these days, that his crotch now has a thriving media career of its own, independent from his trunk and calves. Catch it on Question Time from Huddersfield next month. 

Legs-It Rating: 7/10

Conclusion

After fearlessly looking at nine billion photos of legs in navy trousers, we can emphatically conclude that THEY ARE ALL BASICALLY THE SAME LEG. Life is great as a male politician, isn't it?

I'm a mole, innit.