Johnny Depp's lawyers may appeal 'perverse and bewildering' libel case ruling
Mr Justice Nicol has ruled that The Sun newspaper's allegations calling Johnny Depp a "wife beater" were "substantially true".
Tuesday 3 November 2020 10:37, UK
Johnny Depp's legal team has described the dismissal of his libel case against The Sun as "perverse" and "bewildering" and said it would be "ridiculous" not to appeal.
The star's team put out a statement after the judge in the case ruled he had lost his High Court action over a 2018 article alleging he was violent towards ex-wife Amber Heard during their relationship.
Jenny Afia, of Schillings law firm, said: "This decision is as perverse as it is bewildering.
"Most troubling is the judge's reliance on the testimony of Amber Heard, and corresponding disregard of the mountain of counter-evidence from police officers, medical practitioners, her own former assistant, other unchallenged witnesses and an array of documentary evidence which completely undermined the allegations, point by point.
"All of this was overlooked. The judgment is so flawed that it would be ridiculous for Mr Depp not to appeal this decision."
Ms Afia then referenced a separate hearing due to be held in the US in 2021; Depp has brought a $50m (£39m) defamation case against Heard over an opinion piece she wrote in The Washington Post in December 2018.
"In the meantime, we hope that in contrast to this case, the ongoing libel proceedings in America are equitable, with both parties providing full disclosure rather than one side strategically cherry picking what evidence can and cannot be relied upon," she said.
In a case filled with details of drug-taking and celebrity indulgence, here is the judge's ruling and reactions from other key players and experts.
The Judge
Johnny Depp had sued News Group Newspapers (NGN, publishers of The Sun) over a column titled "Gone Potty: How can JK Rowling be 'genuinely happy' casting wife beater Johnny Depp in the new Fantastic Beasts film?" in April 2018, written by executive editor Dan Wootton.
Mr Justice Nicol dismissed the Hollywood star's claim, saying NGN had proved what was in the article to be "substantially true".
The judge said: "Although he has proved the necessary elements of his cause of action in libel, the defendants have shown that what they published in the meaning which I have held the words to bear was substantially true.
"I have reached these conclusions having examined in detail the 14 incidents on which the defendants rely, as well as the over-arching considerations which the claimant submitted, I should take into account."
He went on: "I have found that the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard."
He said that "a recurring theme in Mr Depp's evidence was that Ms Heard had constructed a hoax and that she had done this as an 'insurance policy'," and that Ms Heard was a "gold-digger".
But he added: "I do not accept this characterisation of Ms Heard."
Mr Justice Nicol also said he accepted Heard's evidence that the allegations she made against Depp "have had a negative effect on her career as an actor and activist".
The Sun and Dan Wootton
A spokesperson for The Sun said: "The Sun has stood up and campaigned for the victims of domestic abuse for over 20 years.
"Domestic abuse victims must never be silenced and we thank the judge for his careful consideration and thank Amber Heard for her courage in giving evidence to the court."
The Sun's legal director called the ruling "a stunning victory for press freedom", going on to say: "We were right to brand the actor a wife beater."
In a statement posted on Instagram a few hours after the ruling was handed down, alongside a photograph of himself with Heard, Mr Wootton said he wanted to "address the elephant in the room".
He said: "You may know that for the past few months Johnny Depp has been suing both my newspaper The Sun and me personally for a column I wrote questioning whether JK Rowling should have cast the troubled actor in her Fantastic Beasts franchise...
"But today is not about Johnny Depp. In fact, I'd be happy never to hear the bloke's name again. I certainly won't be talking about him anymore, even though I do hope he is able to get the help he so obviously needs.
"Today is about @amberheard. Thank you Amber for your bravery. Thank you for giving traumatic evidence in the face of the most toxic and unfair abuse of your character. Thank you for being prepared to take on the Hollywood machine.
"This landmark court victory is for you and all the other victims of domestic abuse."
Amber Heard
Amber Heard's US lawyer Elaine Charlson Bredehoft said the ruling was "not a surprise" and referred to Depp's upcoming US defamation claim against Heard.
She said: "For those of us present for the London High Court trial, this decision and judgment are not a surprise.
"Very soon, we will be presenting even more voluminous evidence in the US.
"We are committed to obtaining justice for Amber Heard in the US court and defending Ms Heard's right to free speech."
The entirely separate US case concerns an opinion piece the actress wrote for the Washington Post - although it did not mention Depp by name.
Ms Bredehoft said Heard's legal team will be presenting more evidence in the case, which is due to go before another judge in Virginia next May.
JK Rowling
A spokesperson for JK Rowling said the author will not be commenting on whether Depp will still be involved in the next Fantastic Beasts film.
The third in the franchise, the movie in which Depp plays evil wizard Gellert Grindelwald is currently filming in London.
The studio behind the film, Warner Brothers, is yet to comment.
The PR man and a former tabloid editor
PR guru Mark Borkowski has called Depp's court fight "one of the biggest showbiz fails for a long time".
However, with showbiz being a notoriously unpredictable industry, he added: "Nothing is impossible, write no obituaries for his career."
Mr Borkowski said: "His brand had a sort of edge and that edge now has turned into something that is really ugly and abusive."
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Away from his acting career, Depp has lucrative deals with brands including Dior. It's likely that those sponsorship deals now hang in the balance.
Former editor of the Daily Star Dawn Neesom told Sky News: "I don't think Johnny Depp expected to lose, I think he'll be very shocked today.
"I think it's very telling that he decided to go ahead with the trial, as he could have just issued a statement saying he denied all the claims, and then we wouldn't have heard all the sordid details."
Ms Neesom went on: "Hollywood loves a hell-raiser… but this is different, this is concerning domestic abuse. Now you can be a drug-taker, you can be a drinker in Hollywood, but if you bring domestic violence into it, it puts a whole different shine on the thing.
"Will Depp ever come back from this? I think he's got a very hard fight on his hands."
Legal experts
Helena Shipman, of Carter Ruck solicitors, told Sky News she thinks the High Court outcome was a "dry run" for Depp's US case.
"Undoubtedly this will have some bearing on the case," she said. "I wouldn't be surprised if there's a settlement in the near future."
As for the likelihood of Depp launching a successful appeal against the ruling, she says she thinks the Court Of Appeal is likely to be "very reluctant" to interfere with Judge Nicol's findings, but that it is possible.
Speaking about the effect of the outcome on Heard, Ms Shipman said: "It's been an ordeal for her, she may consider whether the emotional costs have been worth it for her, and could dissuade others from coming forward."
Mark Stephens, a lawyer dealing in reputation management, said the ruling is "immensely damaging" for Depp.
He said: "I thought this was an ill-advised action anyway, and it's just proven to be that.
"Obviously there are serious findings of act against Johnny Depp: that the judge believes that he was a wife beater, that he was a habitual user of drugs and alcohol - and obviously one hopes that he gets the help that he obviously needs."
He added: "One of the challenges on the drugs is that although he's not got a conviction, there are many countries of the world which do not let people who are users of drugs into the country.
"He will find great difficulty in getting visas for Singapore or Malaysia or countries of that kind."
Domestic violence charities
Lisa King, director of communications and external relations at Refuge, said she hoped the ruling would send a "powerful message" - that "every single survivor of domestic abuse should be listened to and should be heard".
She continued: "No survivor should ever have her voice silenced.
"A common tactic used by perpetrators of domestic abuse is to repeatedly tell victims that no one will believe them - and to use power and control to try and silence them.
"What we have seen today is that power, fame and financial resources cannot be used to silence women. That is a welcome message for survivors of domestic abuse around the world.
"We stand in solidarity with Amber Heard, who has shown immense bravery in speaking up and speaking out."
Nicki Norman, acting chief executive at Women's Aid, said: "Everyone who has experienced domestic abuse deserves to be listened to and believed.
"This also applies to survivors who do not fit the image of the 'perfect' victim - and regardless of the high profile of the alleged abuser.
"There is no excuse for domestic abuse."