The libel trial of actor Noel Clarke against the publisher of The Guardian is set to commence on Monday, after a judge refused his appeal to dismiss the newspaper’s defence.
The 49-year-old actor and filmmaker, best known for his roles in Doctor Who and the Kidulthood series, is suing Guardian News and Media (GNM) over a series of articles published in 2021. These articles alleged that 20 women, who had worked with Clarke professionally, had come forward with accusations of sexual misconduct.
At the time of publication, Clarke denied the allegations, stating that he “vehemently” refuted any claims of sexual misconduct or wrongdoing.
Attempt to strike out guardian’s defence
Last month, Clarke’s legal team sought to have GNM’s defence thrown out, arguing that the publisher had allegedly deleted certain messages and fabricated a conversation on Signal, an encrypted messaging app.
However, earlier this month, Mrs Justice Steyn dismissed Clarke’s application, ruling that his claim of fabricated evidence had “no foundation.” She rejected the suggestion that The Guardian had tampered with evidence in an attempt to distort the case.
Following this decision, Clarke attempted to challenge the ruling at the Court of Appeal. His lawyers also requested that the upcoming trial be postponed while his appeal was considered.
Appeal rejected
On Thursday, Lord Justice Warby denied Clarke permission to appeal, ruling that his case had “no real prospect of success.” He further stated that there was “no other compelling reason” for the Court of Appeal to review the High Court’s decision.
In a brief judgment, Lord Justice Warby also ruled against delaying the trial’s start, stating that there was “no basis” for postponement.
Mrs Justice Steyn had previously rejected an argument from Clarke’s legal team that The Guardian had perverted or attempted to pervert the course of justice by allegedly interfering with key evidence.
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Clarke’s lawyers contended that Mrs Justice Steyn had made findings unsupported by the evidence presented. However, Lord Justice Warby dismissed this argument, stating:
“To succeed in an appeal on an issue of fact, an appellant has to identify a material error of principle or a material factual finding that was not reasonably open to the judge on the evidence before her.
“In my judgment, the claimant has no prospect of showing either of those things.
“I cannot see how the claimant could hope to persuade this court to second-guess the judge’s assessment of whether the nature and scale of the document deletion is such as to make a fair trial impossible.”
Libel and data protection claims
The case centres on allegations of defamation relating to eight articles published by The Guardian, as well as an alleged breach of data protection laws.
GNM is defending the lawsuit on the grounds of truth and public interest, maintaining that their reporting was accurate and justified.
With Clarke’s appeal now rejected, the trial is scheduled to begin as planned on Monday, where the High Court will hear arguments over the impact of The Guardian’s coverage on Clarke’s reputation.
