BBC fails in attempt to stop publication of book revealing identity of Top Gear's Stig

After more than a day of legal argument in private yesterday, Mr Justice Morgan said he would not grant the BBC a temporary injunction blocking publication of Mr Collins' autobiography.

Shortly before his ruling, Mr Collins left the courtroom to return home to Bristol where his wife has recently given birth.

Asked by reporters if he was The Stig, the 33-year-old James Bond stunt double said he could not talk about it.

Quizzed over whether he had his trademark helmet with him, he replied: "You're trying to tempt me into saying something I shouldn't."

Simon Dowson-Collins, the publisher's director of legal services, said The Stig was in court yesterday but added that it would not confirm the mystery driver's identity until the book launch on September 16.

He added: 'We were very surprised the BBC took such action to prevent freedom of expression. We maintained all along that the information is already in the public domain."

It was widely reported that The Stig was Mr Collins after his company's financial reports listed Top Gear among its work.

The BBC responded this was "no surprise" as he had appeared numerous times on the programme and supplied drivers for it.

A spokesman for the BBC, which claims the book would breach confidentiality obligations, said yesterday: "The Top Gear audience has always made it clear they enjoyed the mystery around the identity of The Stig. The BBC felt it important to protect that anonymity.

"The BBC brought this action as we believe it is vital to protect the character of The Stig, which ultimately belongs to the licence-fee payer.

"Today's judgment does not prevent the BBC from pursuing this matter to trial."