The Lawsuits Thread

[meeps]

It should also help Johnny that nobody seems to have seen and/or treated any bruising or wounds on AH's person after all that she says she has gone through. In my layman opinion, that is

Here again she can pick and chose what to submit. Did she "call" anyone. but not follow up. Johnny can't get his hands on her medical, or non existence of it, in time to use in the UK courts. And, any medical he gets on her therapy, etc, will all be marked confidential and he cant use those.

OK - yes, I can see that is a problem for Johnny. But doesn't the Sun still have to come up with some tangible form of evidence of abuse, like a doctor testifying that he treated all her cuts and bruises, to win the case? Surely it isn't enough that Amber says it happened, when plenty of people say they couldn't see anything the matter with her in the days right after she claims he beat her?

[ForeverYoung]

It should also help Johnny that nobody seems to have seen and/or treated any bruising or wounds on AH's person after all that she says she has gone through. In my layman opinion, that is

Here again she can pick and chose what to submit. Did she "call" anyone. but not follow up. Johnny can't get his hands on her medical, or non existence of it, in time to use in the UK courts. And, any medical he gets on her therapy, etc, will all be marked confidential and he cant use those.

OK - yes, I can see that is a problem for Johnny. But doesn't the Sun still have to come up with some tangible form of evidence of abuse, like a doctor testifying that he treated all her cuts and bruises, to win the case? Surely it isn't enough that Amber says it happened, when plenty of people say they couldn't see anything the matter with her in the days right after she claims he beat her?

The judge was already questioning her credibility in one of the last orders. She has no pictures with date and time stamps or anyone witnesses that can say the saw JD abusing her. I can't see how the judge would believe her.

[Lbock]

In this believe all women. Weinstein cases. Part of me is scared it’s going forward. The judge has to have the backbone to rule that Amber Heard lied 14 times including a sexual attack, including whatever she claims behind closed doors. That’s allot to decide against a witness She’ll be there to intimidate once she gives testimony. Judge Nichol will have to say you lied each and every time. If he feels NGN proved one claim, then Johnny is a wife beater

[ForeverYoung]

The trial is still going forth in the UK on July 7. It seems she doctored one of the transcripts of an audio recording.

https://deadline.com/2020/07/Johnny-dep ... MKBSKBJOZs

[ForeverYoung]

Here is the full version of the judgement today.

https://www.bailii.org/ew/cases/EWHC/QB/2020/1734.html

[Ruby Begonia]

The judge was already questioning her credibility in one of the last orders. She has no pictures with date and time stamps or anyone witnesses that can say the saw JD abusing her. I can't see how the judge would believe her.

Judge is sharp! Would love to be able to
see his reactions to AH on the witness stand - she's their main witness; that has to happen, right? Will the judge allow her to have snacks to munch?

The trial is still going forth in the UK on July 7. It seems she doctored one of the transcripts of an audio recording.

https://deadline.com/2020/07/Johnny-dep ... MKBSKBJOZs

Gee, what a surprise. Tip of a defamation iceberg.

for all the links and updates, ForeverYoung.

[ForeverYoung]

Actually, she herself might not have doctored the transcript. Apparently it is a very bad transcription from a very bad recording but I'm really curious about WHO transcribed it and how she was referred to the company. It's very suspicious to me.

[justintime]

Thanks so much, Ladies, for so many comments and clarifying information. If anyone can, please, elaborate/answer:

1. Do we know if the Mr. David Price QC (solicitor) for the Third Party Respondent (AH), whose judgement Mr. Justice Nicol seems to respect, (per scattered comments in § 41 through 60 of Mr. Justice Nicol’s recent Order), is any relation to the Mr. James Price QC who initially represented Johnny in this case? On July 25, 2019, Mr. James Price QC announced his upcoming retirement, which (apparently with Mr. Waldman’s introduction) is what precipitated Mr. Sherborne taking over Johnny’s UK case.

There was some concern at the time Mr. Sherborne took over he might be underestimating the rapidly increasing complexity of what appeared to be just another SUN defamation suit - a Shillings attack-dog specialty - and perhaps be spreading himself a bit too thin for this case: “.... He is currently Lead Counsel for the victims in the multi-million pound hacking group litigation against both News Group Newspapers and Mirror Group Newspapers, and represents several hundred individual clients ...”.

2. Who is going to be seated at the “Defendants’” table? Which of the “Defendants” - not just a third party witness (i.e. AH) - is going to be called upon to prove the truth of the SUN’s article (it is full of factual inaccuracies beyond the libelous “wife beater” statement)? Where is that slimy coward Wootton? Doesn’t the implication that he had absolutely no facts upon which to make that hideous, defining statement carry any weight at all for Johnny?

3. Where can we read the fourteen NGN claims that Johnny’s team must disprove to Mr. Justice Nicol’s satisfaction?
Did Johnny’s UK team know from the get-go that ALL of these fourteen claims would have to be disproven for Johnny to NOT be seared with the “wifebeater” brand for the rest of his life?

4.

.....she can pick and chose what to submit. Did she "call" anyone. but not follow up. Johnny can't get his hands on her medical, or non existence of it, in time to use in the UK courts. And, any medical he gets on her therapy, etc, will all be marked confidential and he cant use those.

After this long extension, how could Johnny’s UK team not have had enough time to successfully secure AH’s medical info, or at the very least, have gotten reliable responses to their requests indicating there are no medical records associated with any of the horrific injuries she claims?

5.

The trial is still going forth in the UK on July 7. It seems she doctored one of the transcripts of an audio recording.
https://deadline.com/2020/07/Johnny-dep ... MKBSKBJOZs

Has that already been included In Johnny’s submissions re: AH’s dismal credibility record?

6. Why is AH being treated with such deference when she virtually has been cast in the Defendant’s role? There seems to be something fundamentally unfair - to the Claimant - in the hurdles he must overcome to win this case.

Again, those fourteen claims. Lbock gave me goosebumps with her very accurate assessment. So much is dependent on two men: Mr. Justice Nicol’s perception, integrity and fortitude with respect to what is presented, and Mr Sherborne’s ability to strike just the perfect, convincing note with every presentation, from whatever direction the lob originates. Mr. Justice Nicol seems to appreciate cohesive, well-developed, pointed arguments and is quick to identify the void - and the consequences - when they are not evident. There is no quarter being cut for our Claimant if his champion doesn’t produce.

Lbock wrote: “.... In this believe all women. Weinstein cases. Part of me is scared it’s going forward. The judge has to have the backbone to rule that Amber Heard lied 14 times including a sexual attack, including whatever she claims behind closed doors. That’s allot to decide against a witness She’ll be there to intimidate once she gives testimony. Judge Nichol will have to say you lied each and every time. If he feels NGN proved one claim, then Johnny is a wife beater.”

[ForeverYoung]

Johnny's team filed response papers in the VA case. I thought the Judge was going to hear this last week but maybe it got postponed.

Looks like it is now on for July 10.


https://www.fairfaxcounty.gov/circuit/s ... 2-2020.pdf

https://www.fairfaxcounty.gov/circuit/s ... 2-2020.pdf

[RumLover]

In a UK libel case, the defendant has to prove what they said is true. It is not for claimant, Depp, to prove the statements are false.
If the Sun had one provable example, then they wouldn't need 14. Depp can deny and shouldn't have to prove something that did not happen. It will help Depp if he can prove Heard is an unreliable witness in at least some of the claims.
If this were a jury trial, then maybe News Group having more examples would be persuade some jurors but it is judge trial and the judge has to provide a written statement of his conclusions.

[ForeverYoung]

This judge in the UK case seems to give a little, take a little, imo and so I think it will be an interesting decision in the end but I believe Johnny will come out on top when it's all over.

[Ruby Begonia]

Thanks for your analysis, Rumlover, and for your analysis and posting the latest links to the VA case, ForeverYoung!

Frankly, with Amber Heard as the foundation of The Sun's case, I don't think NGN has a snowball's chance in of winning.

[justintime]

In a UK libel case, the defendant has to prove what they said is true. It is not for claimant, Depp, to prove the statements are false.
If the Sun had one provable example, then they wouldn't need 14. Depp can deny and shouldn't have to prove something that did not happen. It will help Depp if he can prove Heard is an unreliable witness in at least some of the claims.
If this were a jury trial, then maybe News Group having more examples would be persuade some jurors but it is judge trial and the judge has to provide a written statement of his conclusions.

Thank you so much, Rum Lover.

So, then, the Defendant claims to have fourteen incidents of domestic and sexual violence committed by Depp, each of which will be presented separately, and it is on the Defendant(s) to prove the truth of each incident?

Not too clear on the “Depp can deny and shouldn’t have to prove something did not happen” part. Seems pretty open-ended and risky. Does part of the denial process include clarification, correction, etc? Does the Judge ask questions of each side?

What determines when they move to the next claim, as well as when they are finished?

[Lbock]

It is my understanding that Johnny goes first. So since NGN has to prove a minimum of 1 of 14 incidents AH has now claimed, it seems backwards to me.

As AH is only a witness she is afforded certain disclosure thresholds and privacy limits (not alluding to the sexual claims. Privacy limitations afforded all witnesses)

Also not sure why Sherborne waited so long to make these requests. At the very least they’ve heard about the Toronto audio back in January. Not sure when the latest covert audio was given to NGN (partially recorded without Johnny knowing).

Interesting to read Sherborne involved in huge suit re NGN phone hacking. Must be how they found Johnny’s phone was hacked.

Essentially. An error was made on those texts then AH broke the protective order to turn them over and Judge Nichol made a condition to file no sanctions against Heard in order for the Sun case to move forward. Johnny had to make a choice, enforce VA protective order (suggesting he did have things to hide publicly appearing as a bully using AH as a scapegoat) and walk away from UK empty handed with his tail between his legs-Publicly branded a coward as was raised by NGN before-perfect media fodder). I hope that doesn’t allow her to give over more confidential docs. (The main issue that NGN read them out in court Pretrial knowing they were marked confidential—which I think helped Judge Nichol see their game and allow this to move forward)

[Lbock]

3. Where can we read the fourteen NGN claims that Johnny’s team must disprove to Mr. Justice Nicol’s satisfaction?
Did Johnny’s UK team know from the get-go that ALL of these fourteen claims would have to be disproven for Johnny to NOT be seared with the “wifebeater” brand for the rest of his life?

. As I understand, when Depp team filed it was against two public claims. But because her TRO filing and public claims included statements as to ‘he mentally and physically abused me during the entirety of our relationship’ NGN was allowed to bring in any abuse claims she submitted.

It’s apparent from Adam’s email noticed in the hearings after the January tapes were released, Depp team was very open to settling.