In my judgment, the words complained of are wholly incapable of conveying any meaning at all to the effect that the claimant misled anyone. This is because the 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.
The ruling was handed down verbally by Justice Tugendhat before lunch on Wednesday. The Tesla versus Top Gear trial will continue as the automaker is suing BBC for five malicious statements made during the Top Gear's 2008 review of the electric Roadster. Tugendhat is expected to return a complete verdict within weeks.