Simon Cowell calls in Matrix silk against Britain's Got Talent claimant

Readers' comments (15)

• ShaunUK | 27-Jul-2010 6:00 pm

  Thus far, the comments seem turn on the subjective emotive response of 'this is a stupid case' but give insufficient substantive objective reasoning for making that claim.
  
  The claimant, Emma Amelia Pearl Czikai, is not blaming the respondants (Syco) for her losing, in the show 'Britain’s Got Talent', due to her being disabled, but rather, this case turns on a disability discrimination claim. The essence of this claim is that programme did not provide adequate arrangements as she suffers fibromyalgia. Fibromyalgia is a medical condition resulting in chronic muscle and connective tissue pain and allodynia, a heightened and painful response to pressure, often referred to as FM or FMS, for which medical evidence can be made available, should the claimant actually suffer FM/FMS. Based on this evidence being presented. the courts will need to decide whether there is an actual case for disability discrimination or not.
  
  It may well be that there is no case, and it may well be that the claimant's lawyers have misadvised her in this case, however, if the company did think that there was simply no hope at all, it is doubtful that they would proceed, unless it is for self-glorification. If it is for self-glorification, then it is a rather long fall, should they fail to win this case. It is worth noting that the claimant did bring a complaint before OFCOM and it was rejected, but the grounds of that complaint do not appear here, nor do the reasons for its rejection.
  
  To continue with the idea of the claimant having no case or that it is allegedly stupid is a rather brash unsupported comment rooted in subjective emotive responses, rather than based on the facts of the case, of which there is insufficient to decide either way.

  Unsuitable or offensive? Report this comment

• Anonymous | 29-Jul-2010 12:02 pm

  ShaunUK - actually I think you're missing a lot of her claim. Yes, she is claiming that they did not adequately provide for her on the basis of her fibromyalgia but is claiming for injury to her feelings etc (i.e. being humiliated on national TV) and for loss of earnings (i.e. because she didn't get through). She is not just claiming that the audition process is indirectly discriminatory against those with conditions akin to her own but that she is in fact so good that she lost on £1.25m based on this. Her claim is far more about the eventual outcome of not being put through and how she looked on TV than any discomfort or pain experienced at the time. I find it hard to believe her motivations are to fight for the disabled potential auditionees – it seems more plausible she is embarrassed and still deluded about her own talent.

  Unsuitable or offensive? Report this comment

• Julie | 29-Jul-2010 2:14 pm

  I know nothing of this case other than what's written here and while I agree the damages she's seeking are a bit over the top, I think the majority of you are callous toads. Anyone who suffers from a pain disorder of any kind is always accused of being a moaner, liar or malingering. Pain is subjective, but this does not mean it doesn't exist. The bottom line always is that people who have not experienced the condition (or just bad pain generally) have no idea what it is like to live with pain on a daily basis. I know I couldn't comprehend what a migraine was really like until I had one myself. If she is lying or unduly inflating her claim, the judge won't stand for it. Given that it's incredibly difficult to pursue any real sort of disability discrimination in the UK she has an uphill battle in any event.

  Unsuitable or offensive? Report this comment

• Anonymous | 29-Jul-2010 3:53 pm

  Julie - before calling everyone "callous toads" you might want to youtube her performance and see that she is in fact an appalling singer. I don't think pain has anything to do with it. She had a chance to repeat her performance on Britain's got more Talent when she herself says she was not suffering and was as apalling. People are unsympathetic because she appears to be litigious and with no discernable singing ability not because they are "callous toads" and don't care about the fact she has fibromyalgia. Get off your high horse.

  Unsuitable or offensive? Report this comment

• sebastiannook | 1-Aug-2010 11:34 pm

  toomany lawyers and not enough work . health and safety gone mad. how about this . large charity puts glass objects in bin because they are not worth anything thief cuts hand whilst rooting in bin and sues charity how low can you go

  Unsuitable or offensive? Report this comment