Depp v News Group Newspapers & Anor [2019] EWHC 1113 (QB) (27 February 2019)

Depp v News Group Newspapers & Anor [2019] EWHC 1113 (QB) (27 February 2019)

It is not necessary at this stage to stay the proceedings because the defendants have been able to plead their defence, there is no evidence the claimant is preventing the witness from giving evidence, and alternative mechanisms exist to resolve any issues regarding the witness's evidence. The claimant has not obstructed the witness, and the problem may be illusory or resolvable by other means.

Citation
[2019] EWHC 1113 (QB)
Parties
Claimant: John Christopher Depp II; Defendant: News Group Newspapers; Defendant: Dan Wootton
Jurisdiction
England and Wales
Judgment Date
27 February 2019
Procedural Posture
Libel / Interlocutory Application for Stay of Proceedings
Outcome
Application for stay refused
Legal Topics
Libel, Confidentiality Agreements, Witness Immunity, Case Management Stays
Media Law Defamation Contract Law Libel Confidentiality Agreements Witness Immunity Case Management Stays

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Christopher Depp II

Claimant

News Group Newspapers

Defendant

Dan Wootton

Defendant

Procedural Posture

Libel / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the proceedings should be stayed until the claimant releases a third-party witness (Amber Heard) from confidentiality obligations under a divorce agreement
  2. 2 Whether the confidentiality provisions in the divorce agreement prevent the witness from giving evidence in these proceedings
  3. 3 Whether the claimant is obstructing the witness from giving evidence

Ratio Decidendi

It is not necessary at this stage to stay the proceedings because the defendants have been able to plead their defence, there is no evidence the claimant is preventing the witness from giving evidence, and alternative mechanisms exist to resolve any issues regarding the witness's evidence. The claimant has not obstructed the witness, and the problem may be illusory or resolvable by other means.

Court Disposition

Application for stay refused

Orders

  • No stay of proceedings granted
  • Court may reconsider if new evidence arises regarding witness immunity or enforceability of confidentiality provisions