Since this figure is so far below the figure quoted by Tesla, their claim was that Clarkson was implying that they had lied about the range. Tugendhat pointed out that Clarkson was driving on a track, and that conditions were not those found in the real world, making any range figures quoted irrelevant. There is still another part to the suit that is pending judgment, the claim that Top Gear
staged the mechanical problems which the Roadster suffered from. Top Gear may yet lose this part, but it now seems unlikely.