UPDATE: English High Court Scraps Much of Tesla's Top Gear Libel Suit

Image by Getty Images via @daylifeThe Queen's Bench Division of England's High Court today sent to the legal junkyard a significant portion of an automaker's libel suit against BBC's Top Gear program based on a December 14, 2008, episode that depicted the car manufacturer's vehicle faring poorly in a number of performance tests.

According to an article in The Guardian, Mr. Justice Tugendhat found that reasonable viewers of Top Gear would not compare the shaky performance of Tesla Motors' electric car on the program's airfield track to its actual performance on a public road. The court will continue to hear Tesla's allegations that the defendant made five defamatory false statements about the Tesla Roadster.

The case, Tesla Motors Ltd. et al.  v. BBC (Claim No. HQ11D01162) [see "TUOL" post 3/30/11], centered around Top Gear's Jeremy Clarkson's contention that the Roadster ran out of battery after 55 miles driving around the show's track, far short of the car maker's 200-mile endurance claim. The Guardian article quoted Mr. Justice Tugendhat verbal opinion: "In my judgment, the words complained of are wholly incapable of conveying any meaning at all to the effect that the claimant [Tesla] misled anyone. This is because there is a contrast between the style of driving and the nature of the track as compared with the conditions on a public road."

Electric Carmaker Charges BBC with Libel & Malicious Falsehood

Image by Getty Images via @daylifeIn Tesla Motors, Ltd. et al. v. BBC (Claim No. HQ11D01162), filed in the Queen's Bench Division of England's High Court of Justice this week, the maker of the electric Tesla Roadster sued popular program Top Gear for defamation and malicious falsehood over a Dec. 14, 2008, episode in which the vehicle allegedly didn't fare well in a series of tests.

As reported by Websites www.CrunchGear.com and www.gigaom.com and the carmaker's own Website, Tesla's 13-page Complaint specifically targets Top Gear host Jeremy Clarkson, along with executive producer Andrew Wilman and researcher Gavin Whitehead.  According to the Complaint, the defendant allegedly misrepresented the capabilities of the Roadster, including purportedly stating the vehicle had a 55-mile battery range, rather than the plaintiff's claimed 200-mile range; that Top Gear falsely claimed the brakes on a particular Roadster were broken; and that another tested vehicle alleged overheated, which the plaintiff denies. Tesla also claims footage showing a  Roadster being pushed into a hangar because it's power allegedly was drained also was untrue and actionable.

Clearly, the electric carmaker didn't get the kind of plug it was looking for from the BBC.

Hearst Thumbs Through, But Doesn't Buy BBC Periodicals

Image via WikipediaWith the New York-based Hearst Corp. ready to open its wallet to pay cash for international magazines from French publisher Lagardere (see "TUOL" post 1/3/11), apparently its National Magazine Co. is turning the page on acquiring BBC Magazines, according to a report in Media Week.

Hearst Magazines International, which boasts ownership of more than 200 magazines in more than 100 nations, will not be adding  Top Gear, Radio Times, Good Food, Gardeners Times or any other BBC periodical to its stable. German publishing conglomerate Bauer is expected to step in to favored prospective buyer role abandoned by Hearst.