Actor Noel Clarke’s High Court libel battle with The Guardian could be delayed as he seeks to accuse journalists and alleged victims of targeting him in a ‘criminal conspiracy’.
The 49-year-old former Doctor Who star was accused in April 2021 of sexual misconduct, in a series of Guardian articles which said 20 women had come forward to make accusations against him.
Clarke has sued Guardian News and Media (GNM) over the articles, arguing his reputation and career was left in tatters as a result of false or exaggerated claims.
A seven-week libel trial is scheduled to start on March 3, with the women who accused Clarke set to be subjected to questions in the High Court about their allegations.
But the writer and director, whose back catalogue includes acclaimed film Kidulthood and Sky drama Bulletproof, wants a second claim about the preparation of the stories and actions taken after the news broke to be added to the libel trial.
His barrister, Philip Williams, conceded on Thursday that, if successful, Clarke’s desire to expand the case would likely lead to the libel trial being delayed.
In written submissions to the Court of Appeal, Clarke’s legal team say the case is about the “vindication of (his) life and career“.
He claims “conspirators actively conspired with a national newspaper to sabotage his career and reputation“.
It is claimed 15 of the Guardian’s witnesses were “intimately connected“ to a conspiracy against Clarke, and he is alleging he fell victim to malicious allegations, fraudulent claims, and an attempt to encourage a police investigation against him.
Allegations against Clarke were first published just after he had been handed a BAFTA Outstanding British Contribution to Cinema award.
He issued a statement in the immediate aftermath of the articles, saying he “vehemently” denied “any sexual misconduct or wrongdoing”.
Clarke now says he was the victim of a “malicious email campaign“, and he accuses journalists of pushing for allegedly false allegations to be published.
At an earlier hearing, Clarke first ventured claims that the Guardian had attempted to pervert the course of justice by deleting some messages and allegedly fabricating a thread on encrypted messaging app Signal.
Mrs Justice Steyn firmly rejected his claims, and slammed Clarke for making allegations about fabricated evidence “without foundation“.
“I reject the contention that the defendant has perverted or attempted to pervert the course of justice“, she ruled. “There has been no fabrication of evidence.
“Some documents were deleted prior to the commencement of proceedings, and over a year before a letter before claim giving notice of the intended claims was sent to the defendant.
“But such deletion was not in breach of any rule or duty to preserve document, and in any event it neither had the tendency to pervert, nor was it intended to pervert the course of justice.”
Gavin Millar KC, for GNM, told the Court of Appeal the claims of a conspiracy and “malicious emails“ are denied, but he added: “It is not clear what this has to do with the libel action.“
The court heard the Guardian editor in chief Kath Viner and her deputy Owen Gibson were personally involved in the publication of the stories about Clarke, and are due to give evidence in the libel trial.
The paper’s head of investigations Paul Lewis is also set to testify, and is being accused by Clarke of being a “guiding mind“ for the alleged conspiracy.
Lawyers for Clarke, in their written submissions, say he faces “fabricated“ claims of rape, sexual assault, and other sexual misconduct, as well as “exaggerated“ allegations of sexual misconduct.
“The defamation and conspiracy claims are inextricably connected with one another“, they argued.
GNM is defending the libel action on the grounds of truth and public interest.
Mr Millar said journalists will give evidence in the libel case that they published the stories in good faith and in the belief the allegations against Clarke were true.
In a statement after Mrs Justice Steyn’s ruling in January, a spokesperson for The Guardian said: “We are pleased that Mrs Justice Steyn today rejected the entirely false allegations made by Mr Clarke’s legal team against our journalists.”
Clarke is seeking permission for both his claims against GNM to be joined together and considered at the same trial.
Lord Justice Popplewell, Lord Justice Phillips, and Lord Justice Warby are due to make a ruling on Friday morning.
