Written by Harry Turnbull
South Wales nutrition expert Zoe Harcombe has won a five year battle to clear her name from smears published by the Mail on Sunday.
Dr Harcombe and her associate Dr Malcolm Kendrick have secured a full apology, substantial damages and legal costs from the publishers.
The case related to articles published in March 2019, containing allegations that the pair had made knowingly false statements about the effectiveness of statins, a cholesterol-lowering drug, and as a result caused large numbers of people not to take their medication.
The newspaper claimed the pair are ‘statin deniers’ but after the High Court of Justice judgement Dominic Garner, of solicitors Carter-Ruck, told the Court that “neither Dr Harcombe nor Dr Kendrick is a challenger or a ‘denier’ of scientific fact, or a purveyor of lies about cholesterol or statins”.
To the contrary, the Court heard that the two Claimants “have always been passionate believers in evidence-based science and open scientific debate, who defend the principle that impartiality and objectivity are called for in the evaluation of scientific evidence, including in relation to the use and prescription of statins”.
Each of them considers strongly “that the debate about the balance of the benefits and harms of statins remains ‘alive and kicking’”. However, they “do not believe that the Defendants treated them fairly in the articles of which they complained”.
The conclusion of the case, through agreed settlements, dismissed the The Mail on Sunday’s public interest defence. The Judge found among things that The Mail on Sunday’s right-to-reply process had been “hollow and superficial” and that the journalist’s attitude towards Dr Harcombe’s and Dr Kendrick’s responses had been “dismissive”, whereas the journalist’s own experts had been allowed to have “a very significant”, and “undue”, influence over the editorial process and the terms of the articles.
In agreeing now to resolve the claims – more than five years following publication – The Mail on Sunday has withdrawn its articles and published a full apology to the Claimants, accepting that its allegations “are untrue and ought not to have been published” and recording that the publisher is “happy to set the record straight, and apologise to Dr Harcombe and Dr Kendrick for the distress caused”.
The Mail on Sunday has undertaken not to repeat its allegations and agreed to pay the Claimants substantial damages, as well as their legal costs.
Newport-based Dr Harcombe, a professional researcher, writer and public speaker on the subject of diet, health and nutritional science, said at the conclusion of the case:
“I am delighted and relieved that this case has been resolved in our favour. This has been a long and complex case, but one that I felt compelled to bring given the scale – and unfairness – of The Mail on Sunday’s public attack on our integrity.”
Dr Kendrick, who wrote a book called A Statin Nation added “I am very happy, and relieved, to have secured complete vindication for what were unfounded smears on my reputation and professional integrity. The Mail on Sunday’s articles should never have been published. The publisher chose to rely on the views of experts who sit squarely on one side of the statins debate, without even acknowledging that there is a legitimate public debate about the use and efficacy of one of the most widely prescribed drugs. 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.”
Dr Harcombe and Dr Kendrick were represented by Claire Gill and Dominic Garner of Carter-Ruck and by Adrienne Page KC and Godwin Busuttil of 5RB.
