Johnny Depp v Amber Heard - latest on Amber's mistrial and Defamation at a Glance!
Updated News: 14 July 2022
Amber Heard has lost her recent attempt to have the verdict in the defamation trial with ex-husband Johnny Depp thrown out.
Heard, who had been seeking a mistrial, argued that Depp's newsworthy defamation trial was fundamentally flawed because one of the jurors attended in place of his father, the son and father bore the same name and lived at the same address. Simply a case of mistaken identity but not jury fraud said Judge Penney Azcarate - there was "no evidence of fraud or wrongdoing", upholding the original verdict. The unnamed juror who did serve "met the statutory requirements for service" and had been questioned and approved by both sides in advance. "The juror was vetted, sat for the entire jury, deliberated, and reached a verdict," Azcarate said.
Johnny Depp v Amber Heard - Defamation at a Glance!
Many viewers were eagerly following the multi-million-dollar defamation trial between Johnny Depp and Amber Heard that was heard at the Fairfax County Circuit Court in the United States. The trial lasted around 7 weeks and was formally concluded recently with the verdict finally being officially ordered. Given the celebrity parties involved, this case had great public interest all across the world.
So, what have we learnt about defamation from this case?
What is Defamation?
In the UK there are two types of defamation: one being libel and the other being slander. Confusion often arises as to whether the defamatory comment is considered as libel or slander. The key difference is that defamation under libel is a permanent form of defamation that could be published on the internet or in a magazine, whereas slander usually occurs in a verbal context.
Libel is often far more serious and could lead to detrimental consequences as it is available for the wider public to view. Applying this to the case of Depp v Heard, it was Heard’s ‘Op-ed’ (a newspaper page opposite to the editorial page) in The Washington Post that damaged Depp’s reputation as a public figure as he was accused of abusing Heard.
UK v USA
Keen followers of the Depp v Heard saga will likely be aware of Depp’s first claim of defamation against News Group Newspapers Limited and Mr Dan Wootton, which took place here in the UK. Depp was not successful in the UK as he was across the pond, as the London High Court found Depp’s claims of defamation were unfounded based on Heard’s testimony.
This however was not the case in the USA. One key difference between the hearings which took place in the UK and in the USA is that a jury was present at the trial in USA. In the legal system of England and Wales, section 69(1) Defamation Act 2013 removed the presumption that defamation cases are to be tried by jury. Whilst it is not impossible to have a jury for a defamation trial in the UK, it is highly unlikely as an application must be submitted to the Court in advance. In the recent case of Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB), the defendant’s application for a jury trial of a defamation case was refused. Given the a defamation case tried by a jury would cost substantially more and include various procedural phrases in the trial, unless there is strong evidence in support of involuntary bias, the Court is highly likely to exercise its discretion against a jury trial. The benefit of this is also that a reasoned judgment would be provided by the Court Judge, whereas a jury would not submit reasons for their decision.
Although Depp was able to bring this claim against Heard some 4 years after the article was published, in the UK there is a limitation period for when you can bring a claim against someone who has defamed you being 1 year from the date the defamatory material appeared.
Can Lawson-West Help?
Whilst the case of Depp and Heard (as well as the controversial UK claim of Vardy v Rooney) represents the absolute extreme of defamation cases and had great public interest given the nature of the parties, this does not mean the ‘regular’ person cannot pursue such action.
Defamation can occur in a variety of different situations and if you think you have suffered from Defamation and are finding yourself in difficulty, please do not hesitate to contact the Dispute Resolution Team at Lawson West who will be happy to offer an initial meeting to provide advice and assistance. Contact Us here.
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