Electric sport car firm Tesla has lost an important part of its libel lawsuit against Top Gear. A high court judge ruled that the BBC show did not imply that Tesla misled motorists by claiming its Roadster car had a 200 mile range.
The show first broadcast in 2008, showed the Tesla Roadster being tested on an airfield test track, where it appeared that the car ran out of charge after just 55 miles, far short of Tesla’s claimed range.
However, Mr Justice Tugendhat ruling at the high court in London on Wednesday, said that he was not convinced that a Top Gear viewer would confused the car’s performance on the test track with the sort of performance it might achieve on public roads.
According to The Guardian, Tugendhat said: "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 are so great that no reasonable person could understand that the performance on the track is capable of a direct comparison with a public road."
However the hearing continues as the electric car maker pursues a claim of Malicious Falsehood over the 2008 show, which it claims continues to have an impact on its public image thanks to repeated broadcasts, syndicated showings and on demand services.
Claims of Malicious Falsehood relate to five other statements by the show’s presenters made about the Roadster. The Silicon Valley firm accused the BBC show of staging a breakdown, deliberately creating an impressive that the car had run out of battery power and of claiming that the car become immobile from an overheating problem.
A final ruling is expected soon.
