Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2012] EWHC 310 (QB) (23 February 2012)

Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC) [2012] EWHC 310 (QB) (23 February 2012)

Permission to amend is refused because the draft amendments are vague, fail to identify damage caused by alleged falsehoods as opposed to admitted truths, and do not disclose a claim with real prospect of success or a real and substantial tort. The claimants cannot demonstrate that any additional damage was caused by the alleged falsehoods beyond that caused by admitted truths, and the amendments are late and unexplained.

Citation
[2012] EWHC 310
Parties
Claimant: Tesla Motors Ltd; Claimant: Tesla Motors Inc; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
23 February 2012
Procedural Posture
High Court Civil Claim / Interlocutory Judgment on Application to Amend Particulars of Claim
Outcome
Permission to amend refused; claim remains struck out.
Legal Topics
Pleading Particularity, Causation of Damage, Statute of Limitations, Permission to Amend, Strike Out Applications
Defamation Malicious Falsehood Civil Procedure Pleading Particularity Causation of Damage Statute of Limitations Permission to Amend Strike Out Applications

Case Brief

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Parties

Tesla Motors Ltd

Claimant

Tesla Motors Inc

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

High Court Civil Claim / Interlocutory Judgment on Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the 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 is refused because the draft amendments are vague, fail to identify damage caused by alleged falsehoods as opposed to admitted truths, and do not disclose a claim with real prospect of success or a real and substantial tort. The claimants cannot demonstrate that any additional damage was caused by the alleged falsehoods beyond that caused by admitted truths, and the amendments are late and unexplained.

Court Disposition

Permission to amend refused; claim remains struck out.

Orders

  • Application for permission to amend particulars of claim refused
  • Claim in malicious falsehood and libel remains struck out