Actor Noel Clarke begins his High Court libel case against The Guardian’s publisher today.
Clarke, 49, is suing Guardian News and Media (GNM) over a series of articles it published about him in April 2021.
They were based on the claims of 20 women Clarke knew “in a professional capacity” who allege his behaviour towards them amounted to sexual misconduct.
Clarke, known for his roles in the Kidulthood trilogy and Dr Who, “vehemently” denies “any sexual misconduct or wrongdoing”.
What will the trial cover?
Clarke is suing GNM for libel, sometimes also referred to as defamation.
It’s a civil tort – not a criminal offence – defined as false written statements that have damaged the person’s reputation. This means Clarke can seek redress or damages but no one will face charges or prison.
Clarke claims the articles The Guardian published in 2021 altered public opinion of him, damaged his reputation, and lost him work.
He said after the allegations emerged: “In a 20-year career, I have put inclusivity and diversity at the forefront of my work and never had a complaint made against me.
“If anyone who has worked with me has ever felt uncomfortable or disrespected, I sincerely apologise. I vehemently deny any sexual misconduct or wrongdoing and intend to defend myself against these false allegations.”
The Guardian is defending the claim on the basis of truth and public interest.
It said in its statement: “Our reporting on Noel Clarke in 2021 was based on the accounts of 20 brave women. After we published our first article, more women came forward.
“At trial, 32 witnesses are set to testify against Mr Clarke under oath. We look forward to a judge hearing the evidence.”
The trial will only focus on liability – not the amount of damages to be paid if Clarke is successful.
The actor tried and failed to get the case struck out in January, with his legal team saying it had “overwhelming evidence” of “perversion of the course of justice”.
His lawyers told the High Court three of the journalists involved in the articles had “deliberately and permanently” deleted messages, which meant he could not get a fair trial.
Lawyers for GNM told the court there was “no adequate evidential basis” for Clarke’s application for a strike out and said it sought “to smear Guardian journalists and editors without any proper justification”.
The trial, which will be presided over by judge Mrs Justice Steyn, is expected to last between four and six weeks.
Image: In July 2015. Pic: PA
What has happened since the articles were published?
A month before the articles about him were published in April 2021, Clarke received BAFTA’s outstanding contribution to British cinema award.
However, once the allegations against him emerged, he was suspended by the organisation and the prize rescinded.
His management and production company 42M&P told Sky News they were no longer representing him and Sky cancelled its TV show Bulletproof, starring Clarke and Top Boy actor Ashley Walters as the lead roles.
ITV also decided to pull the finale of another of his dramas, Viewpoint, following the Guardian articles.
The Met Police looked into the allegations against Clarke for any potential criminal wrongdoing, but in March 2022 announced they “did not meet the threshold for criminal investigation”.
Clarke filed the libel claim the following month and has attended several of the preliminary hearings in person.
He says he has faced a “trial by media” – and that the ordeal has left him suicidal and in need of professional help.
Image: At the UK premiere of Kidulthood in London’s Leicester Square in 2006. Pic: PA
‘Rising star’
Clarke made his TV debut in a revived version of Auf Wiedersehen Pet in 2002.
Soon after he played Mickey Smith in Dr Who and Kwame in the six-part Channel 4 series Metrosexuality.
He wrote and starred in the film trilogy Kidulthood, Adulthood, and Brotherhood, which were based in west London, where he grew up, and explored the lives of a group of teenagers given time off school after a bullied classmate takes their own life.
It was a box office success and eventually saw Clarke given BAFTA’s rising star prize in 2009.
Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
Acclaimed Italian actress Claudia Cardinale, who starred in The Pink Panther and Once Upon A Time In The West, has died aged 87, according to French media reports.
The actress, who starred in more than 100 films and made-for-TV productions, died in Nemours, France, surrounded by her children, her agent told the AFP news agency.
At the age of 17 she won a beauty contest in Tunisia, where she was born to Sicilian parents, and was rewarded with a trip to the Venice Film Festival, kick-starting her acting career.
She had expected to become a schoolteacher before she entered the beauty contest.
Image: Claudia Cardinale at the Prix Lumieres awards ceremony in Paris in January 2013. Pic: AP
Cardinale gained international fame in 1963 when she starred in both Federico Fellini’s 8-1/2 and The Leopard.
She went on to star in the comedy The Pink Panther and Sergio Leone’s Once Upon A Time In The West in 1968.
She considered 1966’s The Professionals as the best of her Hollywood films.
When she was awarded a lifetime achievement at the Berlin Film Festival in 2002, she said acting had been a great career.
“I’ve lived more than 150 lives, prostitute, saint, romantic, every kind of woman, and that is marvellous to have this opportunity to change yourself,” she said.
“I’ve worked with the most important directors. They gave me everything.”
Cardinale was named a goodwill ambassador for the UN Educational, Scientific and Cultural Organisation for the defence of women’s rights in 2000.
Bannister was initially jailed for four months in September last year – and handed a three-year restraining order.
But he breached it by turning up at Tweedy’s home in December.
In March, he was jailed for 16 weeks at Wycombe Magistrates’ Court for repeatedly going to Tweedy’s Buckinghamshire home while under the restraining order.
During that appearance, the court heard that Tweedy “immediately panicked” and was “terrified” when she saw him outside her home, fearing for the safety of her eight-year-old son Bear.
Bannister killed Rajendra Patel, 48, at a south London YMCA shelter in 2012 and pleaded guilty to manslaughter.
Mr Patel died from an injury to his leg, a court heard.
Tweedy’s former partner Liam Payne died last year in Buenos Aires, Argentina, after falling from his third-floor hotel balcony.
Noel Clarke has been ordered to pay at least £3m of The Guardian publisher’s legal costs after losing his “far-fetched” libel case over allegations of sexual misconduct reported by the newspaper.
The first article, published in April 2021, said some 20 women who knew the actor and filmmakerin a professional capacity had come forward with allegations including harassment and sexually inappropriate behaviour.
Clarke, best known for his 2006 film Kidulthood and for starring in Doctor Who, sued Guardian News and Media (GNM) over seven articles in total, as well as a podcast, and vehemently denied “any sexual misconduct or wrongdoing”.
At a hearing to determine costs on Tuesday, Clarke represented himself – saying in written submissions to the court that his legal team had resigned as he was unable to provide funding for the hearing.
Mrs Justice Steyn ruled that he must pay £3m ahead of a detailed assessment into the total costs to be recovered, which lawyers for the publisher estimated to be more than £6m.
“The claimant maintained a far-fetched and indeed a false case that the articles were not substantially true, by pursuing allegations of dishonesty and bad faith against almost all of the defendant’s truth witnesses,” the judge said.
The sum of £3m sought by GNM was “appropriate and no more than what ought to be reasonably ordered in this case”, she added, and “substantially lower than the defendant’s likely level of recovery”.
Clarke, 49, told the court he used ChatGPT to prepare his response to GNM’s barrister Gavin Millar KC, who asked the judge to order £3m as an interim payment – which he said was “significantly less” than the “norm” of asking for 75%-80%.
The actor described the proposed costs order as “excessive”, “inflated” and “caused by their own choices”, and asked the court to “consider both the law and the human reality of these proceedings”.
He also requested for the order on costs be held, pending an appeal.
“I have not been vexatious and I have not tried to play games with the court,” Clarke said. “I have lost my work, my savings, my legal team, my ability to support my family and much of my health.
“My wife and children live every day under the shadow of uncertainty. We remortgaged our home just to survive.
“Any costs or interim payments must be proportionate to my means as a single household, not the unlimited resources of a major media conglomerate.
“A crushing order would not just punish me, it would punish my children and wife, and they do not deserve that.”
Detailing GNM’s spend, Mr Millar said about 40,000 documents, including audio recordings and transcripts, had to be reviewed as a result of Clarke bringing the case against then. He highlighted a number of “misconceived applications” made by the actor which “required much work from the defendant’s lawyers in response”.
During the trial, the actor accused GNM – as well as a number of women who made accusations against him – of being part of a conspiracy aiming to destroy his career.
This conspiracy allegation “massively increased the scale and costs of the litigation by giving rise to a whole new unpleaded line of attack against witnesses and third parties,” Mr Millar said in written submissions to the court.
Clarke originally asked for damages of £10m, increasing to £40m and then £70m as the case progressed, the barrister said.
He must now pay GNM the £3m within 28 days, Mrs Justice Steyn ruled.
This breaking news story is being updated and more details will be published shortly.