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)

The Defendants have not shown that it is necessary at this stage for the Court to stay the proceedings, as they have been able to plead a truth defence, Ms Heard's concerns about confidentiality are not well-founded, and Mr Depp is not preventing her from giving evidence. There are procedural mechanisms available to secure her evidence if needed, and no evidence of active obstruction by Mr Depp.

Citation
[2019] EWHC 1113
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 Claim / Interlocutory Application for Stay
Outcome
Application for stay refused
Legal Topics
Libel, Confidentiality Agreements, Witness Immunity, Case Management, Truth Defence
Defamation Media Law Contract Law Libel Confidentiality Agreements Witness Immunity Case Management Truth Defence

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Parties

John Christopher Depp II

Claimant

News Group Newspapers

Defendant

Dan Wootton

Defendant

Procedural Posture

Libel Claim / Interlocutory Application for Stay

Legal Issues

  1. 1 Whether the claim should be stayed pending the claimant's release of a third-party witness from confidentiality obligations
  2. 2 Effect of confidentiality provisions in a divorce agreement on witness evidence in libel proceedings

Ratio Decidendi

The Defendants have not shown that it is necessary at this stage for the Court to stay the proceedings, as they have been able to plead a truth defence, Ms Heard's concerns about confidentiality are not well-founded, and Mr Depp is not preventing her from giving evidence. There are procedural mechanisms available to secure her evidence if needed, and no evidence of active obstruction by Mr Depp.

Court Disposition

Application for stay refused

Orders

  • No stay granted; proceedings to continue