Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2013] EWCA Civ 152 (05 March 2013)

Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2013] EWCA Civ 152 (05 March 2013)

The statements in the 'Top Gear' programme were incapable of bearing the defamatory meaning alleged by Tesla, as no reasonable viewer would equate the car's performance under extreme test conditions with its performance under normal driving, nor infer dishonesty from the discrepancy. The particulars of claim for malicious falsehood and special damages were inadequately particularised and had no real prospect of success, especially given causation difficulties due to prior broadcasts and admitted true statements. Permission to amend was rightly refused.

Citation
[2013] EWCA Civ 152
Parties
Claimant/appellant: Tesla Motors Limited; Claimant/appellant: Tesla Motors Inc.; Defendant/respondent: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
05 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Claims for Libel and Malicious Falsehood, and Refusal of Permission to Amend Particulars of Claim
Outcome
Appeal dismissed
Legal Topics
Libel, Malicious Falsehood, Pecuniary Damage, Abuse of Process, Summary Judgment, Amendment of Pleadings
Defamation Media Law Tort Libel Malicious Falsehood Pecuniary Damage Abuse of Process Summary Judgment +1 more

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Parties

Tesla Motors Limited

Claimant/appellant

Tesla Motors Inc.

Claimant/appellant

British Broadcasting Corporation

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Claims for Libel and Malicious Falsehood, and Refusal of Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the statements in the 'Top Gear' programme were capable of bearing the defamatory meaning alleged by Tesla.
  2. 2 Whether the particulars of claim for malicious falsehood and special damages were adequately pleaded and had a real prospect of success.
  3. 3 Whether permission to amend the particulars of claim should be granted.

Ratio Decidendi

The statements in the 'Top Gear' programme were incapable of bearing the defamatory meaning alleged by Tesla, as no reasonable viewer would equate the car's performance under extreme test conditions with its performance under normal driving, nor infer dishonesty from the discrepancy. The particulars of claim for malicious falsehood and special damages were inadequately particularised and had no real prospect of success, especially given causation difficulties due to prior broadcasts and admitted true statements. Permission to amend was rightly refused.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend particulars of claim refused
  • Proceedings struck out