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

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

Permission to amend the particulars of claim is refused because the draft amendments are vague, fail to distinguish damage caused by alleged falsehoods from admitted truths, do not disclose a real and substantial tort, and lack real prospect of success. The claimants have not provided sufficient particularity or explanation for late amendments, and the claims for special damages and new libel meaning are not properly pleaded.

Parties
Claimant: Tesla Motors Ltd; Claimant: Tesla Motors Inc; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
Civil / Interlocutory Judgment on Application for Permission to Amend Particulars of Claim
Outcome
Application for permission to amend particulars of claim dismissed
Legal Topics
Libel, Malicious Falsehood, Pleading Particularity, Causation of Damage, Permission to Amend, Statute of Limitation, Overriding Objective, Special Damages
Defamation Malicious Falsehood Civil Procedure Libel Pleading Particularity Causation of Damage Permission to Amend Statute of Limitation +2 more

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Parties

Tesla Motors Ltd

Claimant

Tesla Motors Inc

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Civil / Interlocutory Judgment on Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the draft amended particulars of claim in malicious falsehood and libel satisfy requirements of proper pleading and have real prospect of success
  2. 2 Whether the claimants can distinguish damage caused by alleged falsehoods from damage caused by admitted truths
  3. 3 Whether permission to amend should be granted for new claims including special damages and libel

Ratio Decidendi

Permission to amend the particulars of claim is refused because the draft amendments are vague, fail to distinguish damage caused by alleged falsehoods from admitted truths, do not disclose a real and substantial tort, and lack real prospect of success. The claimants have not provided sufficient particularity or explanation for late amendments, and the claims for special damages and new libel meaning are not properly pleaded.

Court Disposition

Application for permission to amend particulars of claim dismissed

Orders

  • Permission to amend particulars of claim refused
  • Malicious falsehood and libel claims remain struck out