Dimmock V Secretary of State For Education and Skills - The Judgment

The Judgment

Justice Burton's written judgment was released on 10 October 2007. He found that it was clear that the film "is substantially founded upon scientific research and fact, albeit that the science is used, in the hands of a talented politician and communicator, to make a political statement and to support a political programme." The necessary amendments made to the related guidance notes make it clear what the mainstream view is, insofar as the film departs from it. The notes also explain that there are views of sceptics who do not accept the consensus reached by the Intergovernmental Panel on Climate Change. Given these amendments, the judge considered that the film was put in a context in which a balanced presentation of opposing views was offered and where it could be shown to students in compliance with the law. Given a proper context, the requirement for a balanced presentation did not warrant that equal weight be given to alternative views of a mainstream view.

The judge concluded "I have no doubt that Dr Stott, the Defendant's expert, is right when he says that: 'Al Gore's presentation of the causes and likely effects of climate change in the film was broadly accurate.'" On the basis of testimony from Dr. Robert M. Carter and the arguments put forth by the claimant's lawyers, the judge also pointed to nine of the statements that Dimmock's counsel had described as "errors" as inaccuracies; i.e, that were not representative of the mainstream. He also found that some of these statements arose in the context of supporting Al Gore's political thesis. The judge required that the guidance notes should address these statements.