Tesla Motors Ltd and another v British Broadcasting Corporation [2013] EWCA Civ 152, [2013] All ER (D) 16 (Mar)
Court of Appeal, Civil Division, Maurice Kay VP, Moore-Bick and Rimer LJJ, 5 Mar 2013
The BBC programme Top Gear did not make the general public believe that the manufacturer of an electric car had grossly misled potential purchasers of the vehicle about its range and accordingly had not libeled the manufacturer.
Richard Spearman QC and William McCormick QC (instructed by Carter-Ruck) for the claimants. Andrew Caldecott QC and Catrin Evans (instructed by BBC Litigation Department) for the defendant.
The claimants manufactured and distributed electric cars. They produced a vehicle known as the “Roadster”. During 2008, two Roadsters were reviewed by the Top Gear programme made by the defendant. The film, which lasted about 10 minutes, was included in the edition of the programme broadcast on 14 December 2008. It had since been shown on several television channels on several occasions and remained available to view on the Top Gear website. In March 2011, the claimants issued proceedings against
