Actor Noel Clarke has been ordered to pay a minimum of £3 million towards The Guardian publisher’s legal expenses, following a High Court judge’s ruling that his libel case against the newspaper was “far-fetched” and “false.” The suit stemmed from the newspaper’s reporting of sexual misconduct allegations against him.
The former Doctor Who and Kidulthood star initiated legal action against Guardian News and Media (GNM) in response to a series of articles published in 2021. These articles alleged that Clarke exploited his position within the film and television industries to prey upon and harass women.
In August, the court dismissed Clarke’s libel claim, affirming that The Guardian successfully defended its reporting on the grounds of both truth and public interest.
During Tuesday’s hearing, Clarke expressed his distress, stating, “I have lost my work, my savings, my legal team, my ability to support my family and much of my health.”
The total amount Clarke may be required to pay is likely to increase, as The Guardian informed the court that its total costs are conservatively estimated at £6 million.
The standard legal principle dictates that the winning party in a trial, in this instance The Guardian, is entitled to recover its costs from the losing party, Clarke.
Mrs. Justice Steyn ordered Clarke to pay £3 million within 28 days, pending a detailed assessment of the total costs to be recovered.
She stated, “It seems to me that the sum of £3m sought by the defendant is appropriate and no more than what ought to be reasonably ordered in this case.”
“It is substantially lower than the defendant’s likely level of recovery on detailed assessment and so in my judgment, it does allow for a suitably wide margin of error.”
The judge further added, “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.”
Gavin Millar KC, representing GNM, had requested the court to mandate an interim payment of half the estimated £6 million in costs, noting that this was “significantly less” than the “norm” of seeking 75-80% of the costs.
Clarke, who represented himself during the hearing, argued that The Guardian’s legal costs were excessive and should be reduced.
He implored the court to consider his limited financial resources, asserting that his case was not brought maliciously.
“My wife and children live every day under the shadow of uncertainty. We remortgaged our home just to survive,” he said.
“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.”
In written submissions, Clarke stated that his legal team had withdrawn their services due to his inability to fund the hearing.
He also requested the court to postpone the payment of costs pending an appeal.
Mrs. Justice Steyn indicated that if Clarke and The Guardian could not reach an agreement on the remaining amount owed, the court would assess whether the paper’s total legal bill of £6 million was appropriate and justified.
Clarke gained prominence for his role as Mickey Smith in Doctor Who between 2005 and 2010, subsequently establishing himself as a successful actor, writer, producer, and director.
However, his career declined in 2021 following the publication of accounts by The Guardian from several women who had worked with him, alleging sexual misconduct, allegations he has denied.
He initiated a libel suit against The Guardian, but following a six-week trial, a High Court judge concluded that the paper’s allegations were substantially true and that he had engaged in sexually inappropriate behavior, including unwanted sexual contact.
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