Now, following an appeal that has lasted close to a year, the Appeal Court (a particularly high-powered panel consisting of Lord Chief Justice Lord Judge, Master of the Rolls Lord Neuberger and Lord Justice Sedley) has ruled that Eady "erred in his approach", and Singh will now be able to move forward and fight on grounds of fair comment.
Singh described the ruling as brilliant, while pointing out that "It is extraordinary this action has cost £200,000 to establish the meaning of a few words." For their part the BCA appear to remain defiant, putting out a press release (PDF) which asserts that they have followed legal advice throughout, and suggests that they will fight on:
“We are of course disappointed to lose the appeal, but this is not the end of the road and we are considering whether to seek permission to appeal to the Supreme Court and subsequently proceed to trial. Our original argument remains that our reputation has been damaged. To reiterate, the BCA brought this claim only to uphold its good name and protect its reputation, honesty and integrity”.It'll be interesting to see what happens next. Will the BCA now look to settle, or will they fight to the bitter end, with Singh in a far stronger position with his fair comment defence? As the Lord Chief Justice said when the case was before the court last month, whatever happens “At the end of this someone will pay an enormous amount of money".