"World's worst tennis pro" loses Telegraph libel case
The High Court has thrown out a defamation claim brought against the Daily Telegraph by tennis player Robert Dee, who claimed the paper had defamed him by dubbing him the “world’s worst tennis pro”.
Addleshaw Goddard partner David Engel has secured more than 30 settlements from media outlets for Dee, who had pursued them for damages on grounds of defamation. Dee won a range of payments and apologies from across the global media, including a £12,500 settlement from the BBC.
The Daily Telegraph was the only outlet prepared to challenge the claim in a bid to have it struck out. The newspaper instructed solicitor advocate David Price of David Price solicitors.
The original article, which was published in April 2008, stated: “Robert Dee, 21, of Bexley, Kent, did not win a single match during his first three years on the circuit, touring at an estimated cost of £200,000.
“But his dismal run ended at the Reus tournament near Barcelona as he beat an unranked 17-year-old, Arzhang Derakshani, 6-4, 6-3. Dee lost in the second round.”
Addleshaws argued that the article had exposed its client to ridicule and was detrimental to his ability to work in the future.
Mrs Justice Sharp this morning rejected the argument that the claim would succeed in a higher court, concluding: “It wouldn’t be immediately apparent how the claim would be likely to restore or enhance the claimant’s reputation in any event.”
She added: “The incontestably true facts are that the claimant [Robert Dee] did lose 54 matches in a row in straight sets in his first three years on the world ranking ITF/ATP tournaments on the international professional tennis circuit, and that this was the worst ever run.”
The newspaper, she continued, had “no additional obligation” to prove the Dee “is objectively the worst professional tennis player in the world”.
In a statement Dee said he was considering whether to appeal the decision.
The statement said: “Given that more than 30 newspapers and other media organisations have already apologised for making allegations similar to those published by the Telegraph, it’s disappointing that the court has decided that my case against the Telegraph isn’t strong enough to proceed to a full trial.
“It’s particularly disappointing in light of the fact that the court accepted that the Telegraph was “having a laugh” at my expense and that the article could be defamatory.”
Counsel:
Claimant: Addleshaw Goddard partner David Engel instructed One Brick Court’s Andrew Caldecott QC and 5RB’s David Sherborne for Robert Dee.
Defendant: The Daily Telegraph instructed solicitor advocate David Price of David Price Solicitors & Advocates.
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Readers' comments (21)
Anonymous | 29-Apr-2010 4:07 pm
I disgree - he's holding his racket with an Eastern Forehand Grip (as used by Tim Henman) or possibly a Semi-Western Grip (as used by Marat Safin).
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Anonymous | 29-Apr-2010 4:55 pm
Clearly from Mr. Dee's record I ( 40 year old and slightly rotund) can give him for a game and possibly lengthen his long wait for a win. I cant understand why all the other newspapers could not stand up to Mr. Dee. Kudos to the Telegraph!
May be Mr. Dee can stop playing professionaly (has he ever ?) and teach my kids how to play ... or may be not ...
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Punny man | 29-Apr-2010 6:08 pm
I expect when he said "I'll see you in court" the Telegraph didn't feel too threatened!
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Pompey Fan | 29-Apr-2010 7:06 pm
@John Walton:
It is not a question of fact. All they have to prove is that it was fair comment. I still think Hull City are the worst team in the premier league based on their poor team spirit, lack of style and poor results. Pompey, though they rank last are the better because thoguh they've been beset by bad luck and haven't done great in the premiership, keep battling on.
Therefore it is fair comment to call Hull, in my opinion, the worst team on the premiership.
This is apart from the related defence that calling something the "world's worst" is obviously journalistic hyperbole and no reasoanble person would think it an objective statistical assesment.
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KRUSTY THE KLOWN | 30-Apr-2010 10:01 am
Read all about it: "David slays Giant Goddard"
City heavyweight contender K O'd by little guy firm armed only with a quit wit and a healthy contempt for the notion that bigger is better...
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Anonymous | 30-Apr-2010 3:05 pm
He argued that the pleaded meaning was defamatory. It wasn't. It was true. But lurking in the small print of the long judgment is a meaning, not pleaded that the judge said WAS defamatory, but not pleaded. Despite the formidible and formidibly expensive legal team, did they miss a trick?
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Anonymous | 30-Apr-2010 4:41 pm
His official website (second listing after googling 'Robert Dee') entitles him as a 'Pofessional' Tennis Player, with the main site giving up an entire section for his 'hall of fame' of retractions and apologies.
Says it all really!
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Anonymous | 5-May-2010 9:44 am
To those posters on page 1 describing the gentleman as the 'world's worst tennis player', it should be pointed out that the judgement only supports the view that he is the 'world's worst tennis professional'. He's clearly not the world's worst tennis player by a long chalk. Oh dear, is that the sound of libel writs being drawn up...
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Match point | 6-May-2010 3:01 am
This is another excellent example of why libel actions are so ill-advised. No one had heard of Robert Dee before; now we all know him definitively as "the world's worst professional tennis player".
Reminds me of China Airlines' attempts to cover up the fact that one of their planes had caught fire at Okinawa airport by the simple expedient of painting over the "China Airlines" logo on the fuselage. Now everyone in Asia remembers it as "that China Airlines accident where they painted over their logo"...
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Rob Morgan | 6-May-2010 9:18 am
To rogerfedererswaterbottle -
Something of an insult to turnips, wouldn't you say?
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