The Lawsuits Thread

[Lbock]

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?

. Unfortunately due to COVID-19 in the USA and the January delay of VA trial, discovery delays are unavoidable—Especially regarding getting old medical files. Plus, only 3 or so depositions have been complete. I think UK anticipated a completed discovery in VA which would have been invaluable to Depp Team in UK had it all stayed on schedule (even with the August VA trial date)

I swear AH has 9+ lives! Everything that happens seems to help her out

[ForeverYoung]

Amber posted a pic outside on a blanket with another blanket next to her and two pairs of boots behind her something about getting ready for the weekend so she is obviously with someone else. Unless she is going to do her testimony live the third week of trial she should be in quarantine but then again rules don't apply for her anyway.

[Lbock]

Johnny Depp vs The Sun. The judge has recently ruled Amber Heard can be present in the courtroom for the trial including when Johnny testifies to “spontaneously assist the defendants”
https://www.dailymail.co.uk/wires/pa/ar ... rules.html

Amber Heard can be in court for Johnny Depp´s evidence,...

By Press Association 09:20 EDT 04 Jul 2020 , updated 09:21 EDT 04 Jul 2020
5hrs ago

Johnny Depp’s lawyers have failed in a bid to stop his ex-wife Amber Heard attending his High Court libel trial against The Sun until she is called to give evidence.

The 57-year-old actor is suing the tabloid’s publisher, News Group Newspapers (NGN), and its executive editor Dan Wootton over an April 2018 article which referred to Mr Depp as a “wife beater”.

The article related to allegations made against Mr Depp by actress Ms Heard, 34, that he was violent towards her during their marriage – claims he strenuously denies.

The high-profile trial is due to start on Tuesday after a last-ditch attempt to throw the case out of court by NGN’s legal team was refused earlier this week.

The Hollywood star’s lawyers applied on Friday for Ms Heard to be excluded from the trial until she gave evidence, arguing that her evidence would be more reliable if she was not present in court when Mr Depp was being cross-examined.

But, in a court order published on Saturday, trial judge Mr Justice Nicol refused the application, saying that excluding her from the hearing “would inhibit the defendants in the conduct of their defence”.

The judge noted that it was NGN and Mr Wootton – not Ms Heard – who was defending the claim, but said that “they rely heavily on the information which Ms Heard can provide”.

He added: “She (Ms Heard) will not be in a position to give instructions to (NGN’s lawyers), but she can provide information on which the defendants may choose to act.

“There is a benefit to the defendants in her being able to do that near instantaneously in the course of Mr Depp’s cross-examination and, in my view, it would be unfair to the defendants to deprive them of that advantage.”

The last-minute application to exclude Ms Heard from the hearing before she gives evidence is the latest pre-trial skirmish in an increasingly bitter battle between the two legal teams.

Last week, NGN’s lawyers applied to strike out Mr Depp’s claim over the star’s failure to disclose the “Australia drugs texts” sent between Mr Depp and his assistant, Nathan Holmes.

The messages, sent in late February and early March 2015 – shortly before an alleged incident in Australia between Mr Depp and Ms Heard, which she claims was “a three-day ordeal of physical assaults” – demonstrated that Mr Depp was trying to get drugs during the Australia visit, Adam Wolanski QC said.

Mr Wolanski said the Hollywood star was in “serious” breach of a court order by not giving NGN’s legal team the messages containing references to “happy pills” and “whitey stuff”, which he argued was “profoundly damaging to his case”.

The barrister even accused Mr Depp and his lawyers of “a systematic attempt to pervert the course of justice” by deliberately withholding documents from NGN – a claim Mr Depp’s barrister David Sherborne called “outrageous”.

Mr Justice Nicol ruled on Monday that Mr Depp had breached an “unless order” requiring him to disclose documents from separate libel proceedings against Ms Heard in the US – which include the text messages.

However, in a further ruling on Thursday, the judge said he would grant Mr Depp’s application for “relief from sanctions”, meaning the trial will go ahead as planned.

The judge said his decision was conditional on Mr Depp giving an undertaking that he will not seek sanctions against Ms Heard for allegedly breaching a court order, made during separate libel proceedings in the US, by providing The Sun’s legal team with evidence.

The alleged incident in Australia is one of 14 separate allegations of domestic violence, between early 2013 and May 2016, that NGN relies on in its pleaded defence to Mr Depp’s claim.

A three-week trial at the Royal Courts of Justice in London – which was due to start in March, but was delayed because of the Covid-19 pandemic – is due to begin on Tuesday, with Mr Depp’s former partners Vanessa Paradis and Winona Ryder among the witnesses expected to give evidence.

The court has heard Mr Depp intends to travel from his home in France to London to give evidence, while Ms Heard is believed to have already travelled to the UK from California.

The libel claim against NGN and Mr Wootton arises out of publication of an article in The Sun in April 2018, under the headline: “Gone Potty – How can JK Rowling be ‘genuinely happy’ casting wife beater Johnny Depp in the new Fantastic Beasts film?”

Mr Depp has brought separate libel proceedings against Ms Heard in the US, which the court heard are set for trial next year.

The pair met on the set of 2011 comedy The Rum Diary and married in Los Angeles in February 2015.

In May 2016, Ms Heard obtained a restraining order against Mr Depp after accusing him of abuse, which he denied.

The couple settled their divorce out of court in 2017, with Ms Heard donating her seven million US dollars (£5.5 million) settlement to charity.

[Lbock]

One minute she’s a third party witness with all the protections and privacy. Next minute she’s treated like a defendant allowed to face her accuser and assist throughout trial. She’s been served her cake and gets to eat it too

This is how it will be in Virginia

[justintime]

.... She’s been served her cake and gets to eat it too ...

I'm trying to keep in mind this is the Daily Mail's article and their interpretations of the Order. So many slight but key omissions. I am frightened for Johnny. He has put every ounce of trust he has left into the UK and US Justice Systems. I hope Mr. Sherborne is more than ready, and is good for the long haul this is going to be.

Thank you, Lbock, for posting the article and for your on-target comment.

[AdeleAgain]

On the subtle nuance that the Sun has to prove an incident of 'wife beating': each incident will be gone through - a number of them we are all very familiar with and we know there is compelling evidence against AH. I read a response of JD's where he said one of the incidents he simply had no recollection of an argument she claimed. In that case the Sun would have to prove that it did happen.

Their main witness is AH. So it is absolutely critical that the judge allowed the evidence around her lying. I imagine that David Sherbornne will be strongly arguing that if she was willing to lie on XYZ occasions, how can we take her testimony here? In addition, even where she there are he said-she said incidents, remember what Adam said: what actual victim of abuse fabricates an incident if they have genuine experiences to rely on. To me it seems clear: you present all the evidence to counter he main, well known incidents - and for the others you ask if the judge if it is credible that someone who has lied already, can suddenly be relied upon?

Whitney was allegedly present in some of the incidents - I presume she is going to say the same as AH? But her testimony does get contradicted by others.

Then Raquel was there for the May 2016 incident which I believe is the only time she claims to have seen violence - but again, her credibility is going to be challenged because she appears to have committed perjury.

iO didn't witness any actual abuse in person.

[ForeverYoung]

If AH is allowed to be present when Johnny is testifying then by the same token Johnny should be allowed to be present when she testifies. If he goes first, I don't see how she can be allowed to testify when she posted an IG pic outside on a blanket when she is supposed to be in quarantine.

In any event, she's a real snake violating the VA confidential order by giving NGN lawyers those papers and now Johnny's team can't do sanctions against her.

If NGN goes by what she tells them then they are screwed. Her own rights activist friend dumped her because of all the lies AH told her.

[AdeleAgain]

Is she in the UK? That instagram picture doesn't look like LA. It could be UK but looks like a park unless she is staying at some big house in the countryside. I imagine the Sun are meeting all of her expenses.

If she is in the UK already then yes she should be isolating - and she hasn't been papped so I imagine she is. The quarantine rules for people arriving into the UK are lifting on Monday 10 July for some countries. The US is not one of them; France is - so if JD hasn't arrived yet, and doesn't need to be there for the start of the trial, he won't have to quarantine after Monday.

[Lbock]

If AH is allowed to be present when Johnny is testifying then by the same token Johnny should be allowed to be present when she testifies. If he goes first, I don't see how she can be allowed to testify when she posted an IG pic outside on a blanket when she is supposed to be in quarantine.

In any event, she's a real snake violating the VA confidential order by giving NGN lawyers those papers and now Johnny's team can't do sanctions against her.

If NGN goes by what she tells them then they are screwed. Her own rights activist friend dumped her because of all the lies AH told her.

Johnny as the claimant will or should be present the entire trial to also spontaneously assist his legal team

[Lbock]

Johnny and Amber have both been in UK And Adam

[meeps]

Two different commentators on Daily Mail have good points.
Like who would like to be in the same room as her abuser. But Amber doesn't seem to worry about that.
Plus if the gender roles were different would the woman then have to endure her abuser sit there staring at her while she tries to tell what happened.

[Larkwoodgirl]

Two different commentators on Daily Mail have good points.
Like who would like to be in the same room as her abuser. But Amber doesn't seem to worry about that.
Plus if the gender roles were different would the woman then have to endure her abuser sit there staring at her while she tries to tell what happened.

I think it is just an intimidation tactic to try to throw Johnny and his witnesses off.

[meeps]

Oh, I agree. But in Johnny's case she might be surprised! He is NOT weak! He's gentle and loving, but I don't think she will ever understand the difference ... Or that when he has given up on being gentle and loving he's brave and determined, even when frightened.

[RumLover]

It does seem unfair that Amber is given the privileges of both witness and defendant.
I hope that Judge Nicol is astute and notices Amber's reactions during witness testimony.
Amber needs at least one reliable, preferably independent, witness to at least one violent event to make The Sun's truth defence. So
far she does not have one. Whitney and Raquel can be considered too involved. Others mostly only saw they heard or saw something afterwards.
The Sun's use of term "wife-beater" implies physical assault, so even if they argue Depp was a bad husband who was argumentative or unsupportive or intoxicated, it should not be enough of a defence.

[Chocolat]

Amber Heard will have a much different experience when she's in an intimidating courtroom. It'll be nothing like sitting in a lawyer's office when giving her deposition. No chance to pout, get up, cry or refuse to answer. Hopefully, she'll have the bejeezus scared out of her and expose herself as a liar.