Johnny Depp awaits decision on whether libel trial against The Sun will go ahead

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"111265417"&NewLine;&Tab;&Tab; data-section&equals;"2">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><p>Johnny Depp is awaiting a decision on whether his high-profile libel claim against The Sun over allegations he was violent towards ex-wife Amber Heard will go ahead next week&period;<&sol;p>&NewLine;<p><&excl;--Ads1--><&sol;p>&NewLine;<p>The 57-year-old actor is suing the tabloid’s publisher&comma; News Group Newspapers &lpar;NGN&rpar;&comma; and its executive editor Dan Wootton over an April 2018 article which referred to Mr Depp as a &OpenCurlyDoubleQuote;wife beater”&period;<&sol;p>&NewLine;<p>The article related to allegations made against Mr Depp by actress Ms Heard&comma; 34&comma; that he was violent towards her during their marriage – claims he strenuously denies&period;<&sol;p>&NewLine;<p>In a last-ditch attempt to derail the High Court trial&comma; due to start next Tuesday&comma; NGN’s legal team asked Mr Justice Nicol to strike out Mr Depp’s claim&period;<&sol;p>&NewLine;<p>Adam Wolanski QC argued the Hollywood star was in &OpenCurlyDoubleQuote;serious” breach of a court order because he had not given NGN’s legal team what he referred to as the &OpenCurlyDoubleQuote;Australia drugs texts” between Mr Depp and his assistant&comma; Nathan Holmes&period;<&sol;p>&NewLine;<p>In a ruling on Monday&comma; Mr Justice Nicol found that Mr Depp had breached an &OpenCurlyDoubleQuote;unless order” requiring him to disclose documents from separate libel proceedings against Ms Heard in the US – which include the text messages&period;<&sol;p>&NewLine;<p>The judge said&colon; &OpenCurlyDoubleQuote;The Australian drug texts were adverse to the claimant’s pleaded case and&sol;or were supportive of the defendants’ pleaded case&period;”<&sol;p>&NewLine;<p>However&comma; Mr Depp’s legal team made an application for &OpenCurlyDoubleQuote;relief from sanctions” at a remote hearing on Monday which&comma; if successful&comma; will mean the trial goes ahead despite the actor’s breach&period;<&sol;p>&NewLine;<p>David Sherborne&comma; representing Mr Depp&comma; argued the trial should go ahead so the actor can have &OpenCurlyDoubleQuote;vindication” over the published allegations&period;<&sol;p>&NewLine;<p>He told the court it would be &OpenCurlyDoubleQuote;wholly disproportionate” to strike out the actor’s libel claim against NGN&period;<&sol;p>&NewLine;<p>However&comma; lawyers for NGN argued the trial should not go ahead and said the disclosure exercise undertaken by Mr Depp’s lawyers was &OpenCurlyDoubleQuote;conducted at the very least totally incompetently and quite possibly with a view to the deliberate withholding of damaging documents”&period;<&sol;p>&NewLine;<p><&excl;--Ads2--><&sol;p>&NewLine;<p>Mr Wolanskisaid&colon; &OpenCurlyDoubleQuote;In my submission&comma; unless the whole disclosure exercise is carried out afresh with a different legal team&comma; the defendants cannot have a fair trial&period;”<&sol;p>&NewLine;<p>However&comma; he said no such offer has been forthcoming from Mr Depp and that it is now &OpenCurlyDoubleQuote;too late”&period;<&sol;p>&NewLine;<p>The barrister also said Mr Depp can have &OpenCurlyDoubleQuote;vindication&comma; if he is entitled to it” in the US libel proceedings against Ms Heard&period;<&sol;p>&NewLine;<p>Mr Justice Nicol said he would give his decision on whether the trial will go ahead as soon as possible&period;<&sol;p>&NewLine;<p>The alleged incident in Australia is one of 14 separate allegations of domestic violence&comma; between early 2013 and May 2016&comma; that NGN relies on in its pleaded defence to Mr Depp’s claim&period;<&sol;p>&NewLine;<p>During the lengthy hearing on Monday&comma; Mr Sherborne also asked the court to order Ms Heard to disclose evidence&comma; including a covert audio recording made of a conversation between herself and her former husband in July 2016&period;<&sol;p>&NewLine;<p>He also asked for &OpenCurlyDoubleQuote;all communications” between Ms Heard and a contact saved in her phone as &OpenCurlyDoubleQuote;Rocketman”&comma; who Mr Depp claims is SpaceX and Tesla founder Elon Musk&comma; and between her and actor James Franco&period;<&sol;p>&NewLine;<p>Mr Sherborne told the court Ms Heard had &OpenCurlyDoubleQuote;two extra-marital affairs” or &OpenCurlyDoubleQuote;extra-relationship affairs” with Mr Musk and Mr Franco while she was going out with&sol;married to Mr Depp&period;<&sol;p>&NewLine;<p>However&comma; David Price QC&comma; representing Ms Heard&comma; resisted Mr Sherborne’s application for disclosure&period;<&sol;p>&NewLine;<p>He said&colon; &OpenCurlyDoubleQuote;The court will be aware of the importance of ensuring that any litigation attack on a woman alleging domestic violence is genuinely probative of whether the domestic violence took place&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;All the more so where the woman is not a party&comma; the litigation is high-profile and the man and&sol;or his agents have been feeding information to the media&period;”<&sol;p>&NewLine;<p>Mr Justice Nicol said he would rule on the disclosure issue as soon as he could&period;<&sol;p>&NewLine;<p>A three-week trial at the Royal Courts of Justice in London – which was due to start in March&comma; but was delayed because of the Covid-19 pandemic – is listed to begin on July 7&comma; with Mr Depp’s former partners Vanessa Paradis and Winona Ryder among the witnesses expected to give evidence&period;<&sol;p>&NewLine;<p>The court has heard Mr Depp intends to travel from his home in France to London to give evidence&comma; while Ms Heard is believed to have already travelled to the UK from California&period;<&sol;p>&NewLine;<p>The libel claim against NGN and Mr Wootton arises out of publication of an article in The Sun in April 2018&comma; under the headline&colon; &OpenCurlyDoubleQuote;Gone Potty – How can JK Rowling be &OpenCurlyQuote;genuinely happy’ casting wife beater Johnny Depp in the new Fantastic Beasts film&quest;”<&sol;p>&NewLine;<p>Mr Depp has brought separate libel proceedings against Ms Heard in the US&comma; which the court heard are set for trial next year&period;<&sol;p>&NewLine;<p>The pair met on the set of 2011 comedy The Rum Diary and married in Los Angeles in February 2015&period;<&sol;p>&NewLine;<p>In May 2016&comma; Ms Heard obtained a restraining order against Mr Depp after accusing him of abuse&comma; which he denied&period;<&sol;p>&NewLine;<p>The couple settled their divorce out of court in 2017&comma; with Ms Heard donating her &dollar;7m settlement to charity&period;<&sol;p>&NewLine;&Tab;&Tab;&Tab;<div style&equals;"padding-bottom&colon;15px&semi;" class&equals;"wordads-tag" data-slot-type&equals;"belowpost">&NewLine;&Tab;&Tab;&Tab;&Tab;<div id&equals;"atatags-dynamic-belowpost-68ece7e9613f0">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;<script type&equals;"text&sol;javascript">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;window&period;getAdSnippetCallback &equals; function &lpar;&rpar; &lbrace;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;if &lpar; false &equals;&equals;&equals; &lpar; window&period;isWatlV1 &quest;&quest; false &rpar; &rpar; &lbrace;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&sol;&sol; Use Aditude scripts&period;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;window&period;tudeMappings &equals; 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