Top Gear did not use the truth as a defense. On the contrary the judge ruled that the truth did not matter. In other words the judge ruled that Tesla would not

Top Gear did not use the truth as a defense. On the contrary the judge ruled that the truth did not matter. In other words the judge ruled that Tesla would not be entitled to win even if Top Gear had lied. The case never got to the fact finding stage. Tesla did have evidence that Top Gear lied -- the car had never run out of charge, even though Top Gear said it did. But the case never got to the stage where Tesla would present this evidence.