Update 4 on El Naschie vs Nature

Gervase de Wilde has an article on the case in Inform's Blog. He refers to the Guardian's account and then adds the following comment:

Comment
The case seems to offer ammunition to libel reformers. Even in the absence of the ill-advised and incoherent aspects of his case which were excluded before trial, and of the implicit comparisons of his work to Einstein’s made during the first five days at the High Court, his claim against a venerable and highly respected scientific journal seems a poor substitute for meeting their allegations head on in some form of correspondence or public debate. Moreover, the journal had published the Claimant’s own defence of his methods in running CSF, that he sought to emphasise scientific content above impressive affiliations, in the original article.

A spokesperson for the Libel Reform campaign, speaking to the Guardian, commented that reform can’t come soon enough, since

“Scientists expect publications like Nature to investigate and write about controversies within the scientific community. The threat of libel action is preventing scientific journals from discussing what is good and bad science.”

However, the public interest defence argued for by campaigners is one which is already being employed. The BBC reports that Andrew Caldecott QC’s opening statement for the Defendants described their defence as relying on the article being “true, honest opinion and responsible journalism on an issue of public interest”.

As the choice of witnesses indicates, the case does touch on the seemingly incomprehensible branch of physics in which the Claimant has made his academic career. In this respect there is a threat of a libel action stifling academic debate, and a similarity to BCA v Singh 2010 EWCA Civ 350, where opinions expressed in a controversy on what was essentially a scientific matter were at issue. But it is also about the methods he employed in running a publication in the context of a widely recognised system of accreditation and review, and about allegations regarding the professional affiliations which feature on his website. These are the kind of criticisms that might be made about any professional person, and would not necessarily come under scope of a scientific exception for “rigorous debate” on good and bad science urged by campaigners.

It is questionable whether the phrase "academic career" is appropriate since El Naschie has not apparently held any formal permanent academic posts recently unless one counts the award of an Emeritus Professorship by Alexandria University, a strange distinction since there is no sign of the professorship from which he retired.