David Walliams sensationally WINS legal battle with BGT bosses over claims he was ‘spied on’ before being AXED from show
The TV comic also won an apology from the producers
TELLY fave David Walliams has sensationally secured a huge payout over his spygate lawsuit with Britain’s Got Talent, we can reveal.
The TV comic, 52, reached an out of court settlement with makers Fremantle Media which is said to be a seven-figure sum.
Walliams – who was represented by top legal firm Brandsmiths – also won an apology from the producers after they admitted “recording, transcribing and retaining” his every word whilst on the show.
Transcripts of his private conversations – in which he ridiculed two contestants – were later leaked “without his knowledge”.
His £1million contract offer was withdrawn weeks later and he was replaced as a judge by Bruno Tonioli.
Walliams, who sued Fremantle for £10million, accused BGT bosses of keeping private information that had no relevance to the show.
He said he had no idea his mic was “kept on and recording” throughout the whole filming day, including breaks, during his time as a judge.
Remarks made by fellow judges Simon Cowell, Amanda Holden and Alesha Dixon and never intended for broadcast were also processed, it was claimed.
Walliams won his case after a series of secret settlement talks took place last week.
In a bombshell 21-page legal claim, submitted to the High Court in London, Walliams said producers kept a dossier of every conversation.
His lawyers claimed: “For the avoidance of doubt, it was always clear when behind the scenes material was being filmed.
“The Claimant (Walliams) understood that at such times he was performing, and that his remarks were being recorded for potential broadcast.
“There was a clear distinction between such times and the Claimant’s downtime from filming, when he would not be performing but chatting to other judges…or attending to personal matters such as eating, going to the lavatory or speaking to friends and family by telephone.
“There were of course other breaks during the filming day, when the Claimant was not required to remain sitting on the panel.
“During these times, the Claimant would routinely make private phone calls with partners, friends, and family, including his son.”
They add: “The Claimant now understands that, unknown to him at the time, his microphone was kept on and recording throughout the whole filming day, including breaks, during his whole tenure as a judge on the show.
“Moreover, he now understands that the Defendant (Fremantle) produced and retained transcripts of the audio recordings of everything he said during that time, including the private information that had no relevance to production of the show.
“In the transcripts, the Claimant was recorded, among other things, giving views on other celebrities, discussing what to eat for dinner, and discussing arrangements for his son’s birthday party.”
He said approximately 1,700 hours of audio recordings were collected over 10 years and 145 episodes.
They included heart-to-hearts with Ms Dixon about his marriage, divorce, spending sprees, sex life, relationships and his physical and mental health.
They also covered his political views, reasons behind his atheism and family disputes.
His battle with food addiction, weight problems, his opinions of other celebrities and even the impact of his dad’s death were also written up, it is claimed.
Walliams was seeking £1.7million for lost earnings from last year, a further £3.4million for the next two and a £1million fee he was offered to star in this year’s BGT.
He says he has been treated for severe depression since he was axed and is fighting “active suicidal thoughts”.
The comedian says he has ‘severe problems with his sleep” and “is plagued by uncontrollable negative thoughts”.
He wants further unspecified damages for psychiatric harm, distress and upset, the loss of control over his private information and legal costs.
The former judge says he was effectively cancelled from public life after transcripts of his “unguarded” comments mocking BGT hopefuls were leaked to the Guardian and published in November.
The newspaper said it obtained and reviewed “transcripts of the judges’ comments for three days” at the London Palladium in January 2020.
Walliams called one OAP a “c***” three times and said of another: “She thinks you want to f*** her, but you don’t.”
He apologised at the time and insisted they were “private conversations” not intended to be shared.
Walliams, who says he never intended to quit the show, accepted a new £1million offer to stay on as a judge for the 2023 series.
But days later the offer – which included a £25,000 wardrobe allowance – was withdrawn.
Walliams says the fallout destroyed his “reputation and career” as a comedian, TV personality and children’s author.
His earnings plummeted from £3.7million in 2022 to just £101,800 in the first five months of this year.
Scores of TV appearances and planned projects, including a podcast with Little Britain co-star Matt Lucas and West End musicals, were axed.
An offer to read with the Queen at Buckingham Palace for the Commonwealth Writing Competition in November was also withdrawn.
From January to May this year he received just one new booking, it is claimed.
The writ goes on: “In addition to general damage to his reputation as an author, the Claimant is aware that many schools, libraries and shops have removed his books from their shelves, seriously impacting his exposure to the public, and therefore his book sales and revenue from royalties.
“Given the reputational damage he has suffered, the Claimant expects that he will continue to experience reduced offers of work for some years into the future.
“He therefore claims in addition for future loss of earnings.”
His incendiary lawsuit shocked the world of showbiz and promised to lift the lid on one of the nation’s favourite shows.
His lawyers added: “He was extremely upset to learn that private information, including many highly sensitive personal matters, had been recorded without his consent or knowledge, transcribed, shared internally amongst the Defendant’s employees and retained apparently indefinitely.
“Furthermore, the Defendant’s breaches have affected the Claimant’s ability to perform.
“He feels vulnerable on entering a studio because he fears that what he says and does in that setting may be recorded and leaked without his consent.
“Because of the constant concern that any unguarded comments could be used against him, he has lost the ability to be spontaneous or edgy – in short, to be funny.”
Walliams, who lodged the lawsuit under his real name David Edward Williams, won damages for a breach of his data protection rights.
Fremantle will also destroy all of the recordings and transcripts it holds relating to him.
A Fremantle Spokesperson said: “We are pleased that we have achieved an amicable resolution of this dispute with David. We are sincerely sorry that his private conversations when a judge on Britain’s Got Talent were published, and the great distress this caused David.
“We have reviewed our production practices on the show to ensure they fully respect the expectations of our talent whilst satisfying the requirements of the show.
“We have enjoyed a great relationship with David over many years. We thank David for being an important part of the Britain’s Got Talent family and the enduring success of the show and hope to have opportunities to work with him in the future.”