Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC)

Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC)

The statements in the BBC's 'Top Gear' programme were incapable of bearing the defamatory meanings alleged by Tesla, as the reasonable viewer would not equate track testing with ordinary driving conditions, and the claims for malicious falsehood and special damages lacked sufficient prospect of success due to causation and pleading deficiencies.

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 Decision on Strike Out/amendment Application
Outcome
Appeal dismissed
Legal Topics
Libel, Malicious Falsehood, Pecuniary Damage, Abuse of Process, Amendment of Pleadings
Defamation Media Law Tort Libel Malicious Falsehood Pecuniary Damage Abuse of Process Amendment of Pleadings

Case Brief

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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 Decision on Strike Out/amendment Application

Legal Issues

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

Ratio Decidendi

The statements in the BBC's 'Top Gear' programme were incapable of bearing the defamatory meanings alleged by Tesla, as the reasonable viewer would not equate track testing with ordinary driving conditions, and the claims for malicious falsehood and special damages lacked sufficient prospect of success due to causation and pleading deficiencies.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend particulars of claim refused
  • Strike out of libel and malicious falsehood claims upheld