A defamation claim by tennis player Robert Dee against the Daily Telegraph arguing that the paper had defamed him, has been thrown out by the High Court. Robert Dee had argued that the newspaper had defamed him by labelling him the “world’s worst tennis pro”.

David Engel, a partner at Addleshaw Goddard Solicitors has won over thirty settlements from media outlets on behalf of Dee who had sought damages on claims of defamation from various media outlets. In addition to a £12,500 settlement from the BBC, Dee has also secured various payments and apologies from media outlets across the globe.

Of all media outlets, only the Daily Telegraph had decided to challenge the claim and sought to have it struck out. For this, the newspaper instructed solicitor advocate David Price.

Published in April 2008, the original article, the focus of this defamatory claim stated that: “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”.

The article further stated that: “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.”

The arguments by Mr Dee’s solicitors were to the effect that the article in contention had exposed his client to ridicule and had been detrimental to Dee’s future ability to work.

This morning, Mrs Justice Sharp rejected this argument that the claim had any chance of success in higher court, concluding that: “It wouldn’t be immediately apparent how the claims would be likely to restore or enhance the claimant’s reputation in any event.”

In addition, Justice Sharp also said: “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 judge added that the Daily Telegraph had “no additional obligation” to prove that Dee “is objectively the worst professional tennis player in the world”.

Dee has issued a statement saying that he is considering whether or not to appeal this judgement by Justice Sharp.

In his statement, Dee says that: “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”.

Dee further states that: “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 Andrew Caldecott QC of One Brick Court and David Sherborne of 5RB for Robert Dee.

Defendant: The Daily Telegraph instructed solicitor advocate David Price of David Price Solicitors & Advocates.