Depp v News Group Newspapers & Anor

Depp v News Group Newspapers & Anor

The Defendants have not shown it is necessary to stay the proceedings at this stage because they have been able to plead their defence, the Claimant is not obstructing the witness, and alternative mechanisms exist to resolve any confidentiality concerns. There is no evidence the Claimant is preventing or threatening to prevent the witness from giving evidence.

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 Pending Release of Witness From Confidentiality
Outcome
Application for stay refused
Legal Topics
Libel, Confidentiality Agreements, Witness Evidence, Stay of Proceedings
Defamation Media Law Civil Procedure Libel Confidentiality Agreements Witness Evidence Stay of Proceedings

Case Brief

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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 Pending Release of Witness From Confidentiality

Legal Issues

  1. 1 Whether the claim should be stayed until the claimant releases a third-party witness from confidentiality restrictions under a divorce agreement
  2. 2 Whether the confidentiality agreement prevents the witness from giving evidence
  3. 3 Whether the court should compel the claimant to release the witness

Ratio Decidendi

The Defendants have not shown it is necessary to stay the proceedings at this stage because they have been able to plead their defence, the Claimant is not obstructing the witness, and alternative mechanisms exist to resolve any confidentiality concerns. There is no evidence the Claimant is preventing or threatening to prevent the witness from giving evidence.

Court Disposition

Application for stay refused

Orders

  • No stay of proceedings granted
  • Court may reconsider if circumstances materially change regarding the witness's ability to give evidence