Top Gear's The Stig outed as racing driver

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

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

Asked by the media 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 today - 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 today: "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 and it will not be deterred from protecting such information from attack no matter when or by whom it should arise."

Top Gear presenter James May said of the situation: "Obviously I'm now going to have to take some legal action of my own, because I have been the Stig for the past seven years, and I don't know who this bloke is, who's mincing around in the High Court pretending it's him."

Several racing drivers have been linked to the role, including former Formula One world champions Damon Hill and Michael Schumacher.

The first Stig, Perry McCarthy, was dropped in 2003 after his identity was uncovered