Tuesday, 28 May 2013
Restraint of republication: Tesla Motors Ltd v BBC  EWCA Civ 152 (05 March 2013)
Tesla Motors Ltd & Anor v British Broadcasting Corporation (BBC)  EWCA Civ 152 (05 March 2013): "I do not think that Tesla has sufficient prospect of recovering a substantial sum by way of damages to justify continuing the proceedings to trial. Nor do I think that this is a case in which the court would be at all likely to grant an injunction to prevent further publication of the film. Production of the Roadster was due to cease in 2012 in any event and it must be very doubtful whether by the time the case came to trial any purpose would be served by restraining the BBC from continuing to show it. In my view this provides an important ground of distinction between the present case and that of Grobbelaar v News Group Newspapers Ltd  UKHL 40,  1 W.L.R. 3024, to which Mr. Spearman drew our attention. It follows that I am not persuaded that the case which Tesla seeks to make by the proposed amendment has any real prospect of success, or, if successful, is likely to yield any benefit to Tesla that can justify the devotion of the substantial resources in terms of costs and the use of court time that its determination would require. I am therefore satisfied that the judge was right to refuse permission for the amendment." 'via Blog this'