Actor Noel Clarke has lost his libel case

The BATFA award winning actor Noel Clarke, best known for his roles in Doctor Who and Star Trek, sued The Guardian newspaper's owners, after they published articles and a podcast claiming that he was guilty of sexual misconduct against women, using his celebrity status in the process. The articles referred to him as "serial abuser of women". 

The Guardian defended the claim vigorously, maintaining throughout that the stories had only been published after thorough investigation by its most experienced and well-respected journalists. They also called a large number of woman as witnesses, who gave evidence about their encounters with Noel Clarke. 

The judge who dealt with Noel Clarke's libel claim was Mrs Justice Steyn, who also presided over the notorious Wagatha Christie case. 

After a trial which lasted six weeks, Judge Steyn found in favour of The Guardian, saying that Mr Clarke was "not a credible or reliable witness". 

The libel claim was therefore dismissed, as the judge found, firstly, that what The Guardian had published was substantially true, and secondly, that it was in the public interest for the stories to be published.

This case highlights how important it is for potential claimants in libel cases, to consider the potential adverse publicity, if they start a claim and lose. There may be many people who were unaware of the accusations made about Mr Clarke in The Guardian's publications, which subsequently reached a far wider audience as a result of the overwhelming witness testimony given against him during the six week trial, and the accompanying media interest. 

This is the so called "Streisand effect", where the attention drawn to untrue statements by bringing a claim, far exceeds that which was enjoyed by the original publications. 

Steps to Take if a Newspaper Publishes Untrue Statements About You

If a newspaper has published untrue statements about you, it can cause serious harm to your reputation, and you may be able to bring a claim for damages against the newspaper's owners. 

You should start by taking legal advice, as libel claims are notoriously complex and the consequences (as Noel Clarke found out) can be disastrous if they go wrong. A specialist defamation solicitor will be able to tell you whether your claim has good prospects of success. 

Once you have a lawyer on board, the next step is to send your opponent a letter of claim. This must be drafted in a particular way, which complies with the Pre Action Protocol for Media and Communications Claims, and is the first step in legal proceedings.

When your opponent responds, your defamation lawyer will be able to advise you about the next steps, including making an offer to settle, negotiating a settlement deal (including an apology, damages and legal costs), or starting proceedings in Court. 

If you would like to speak to an expert defamation lawyer today, contact us to find out how we can help.