Short shrift for Mosley as court dismisses his latest bid to sue Mail

A SENIOR judge threw out Max Mosley’s latest bid to sue the Daily Mail yesterday.

The ex-Formula One boss was told his application had ‘no prospect of success’.

Last December, he lost a High Court case accusing this newspaper of malicious prosecution. He tried to appeal, but yesterday Lady Justice Macur, sitting in the Court of Appeal, refused him permission. She described aspects of his case as ‘simply unarguable’, unsubstantiated and containing ‘unimpressive rhetoric’.

Mr Mosley, 80, began campaigning for stricter controls on the Press after successfully suing the News of the World for publishing a story about his sadomasochistic orgy with prostitutes in 2008.

In 2018, the Daily Mail unearthed a political leaflet that had been mentioned in the 2008 trial.

The racist pamphlet published by Mr Mosley – saying ‘coloured immigrants’ spread ‘terrible diseases like leprosy’ and should be sent ‘home’ – was from a 1961 by-election involving his father

Sir Oswald Mosley’s political Union Movement.

The Mail sent prosecutors a dossier in order for them to consider whether any criminal offences had been committed.

Last year, Mr Mosley took this newspaper to court, accusing it of ‘cynically and maliciously’ reporting ‘bogus concerns’ to the Crown Prosecution Service. The Mail argued he had no claim – as no ‘prosecution’ had taken place.

At the High Court, Mr Justice Nicklin struck out Mr Mosley’s claim, saying that it was clear his ‘real complaint’ was about ‘the reputational harm’ caused by the Mail’s articles.

In one hearing, Mr Justice Nicklin questioned why Mr Mosley was pursuing a malicious prosecution case rather than trying to sue for defamation.

Last night, legal commentator Mark Stephens said: ‘My advice to Max Mosley would have been: when in a hole, stop digging.’