Against the Odds: A Critical Analysis of Depp v Heard
Endnotes Chapter 7
[333] Wootton quoted the actress Katherine Kendall as saying, ‘I don’t stand behind hitting people or abusing people. It seems that Amber got hurt. As someone who has been the victim of sexual abuse and a supporter of Me Too and telling my story to help others, I cannot advocate violence. I think it is a confusing message to put people in roles that are aimed at children and young people if there is a suggestion they have done something of that nature.’ However, in a statement in support of Depp (December 10, 2019), the actress explains that she was ‘misquoted and misused by The Sun to accomplish their goal’ and explains the rather unethical behavior of The Sun’s journalists.
[334] In the approved judgment of Justice Nicklin, the judge initially assigned to the case, dated 27 February 2019, there were only two incidents of violence referred by the defense. It is written in the judgment, ‘The claim form was issued on 1 June 2018. The defence was filed on 11 July 2018. It advances one substantive defence: Truth. The meaning that the defendants seek to prove true is: “The Claimant beat his wife, Amber Heard.” The Particulars of Truth in the defence identified the factual matters the Defendants seek to establish at trial and which they contend will prove the meaning that they relied upon to be substantially true […] The defence relies on two particular incidents of alleged violence against Ms Heard (of which the alleged details are provided) on 21 April 2016 and 21 May 2016. Mr Depp filed his Reply on 20 July 2018. In it, he has denied that he has beaten Ms Heard. In respect of the first alleged incident on 21 April 2016, he contends that it was Ms Heard who was the aggressor. Mr Depp denies that there was any violence used against her on 21 May 2016.’
[335] Application Notice filed by the Defendants on 29 November 2018, seeking an order from the court, cited by Justice Nicklin in his judgment of 27 February 2019.
[336] Before Justice Nicol took over the case, the presiding judge was Justice Nicklin. Although I spent considerable time and effort trying to determine why Justice Nicol took over the case from Justice Nicklin, I was unable to find any information. The takeover occurred sometime between February 2019 and early 2020.
[337] Justice Nicklin's judgment of 27 February 2019.
[338] Depp invoked the British Civil Procedure 31.17, according to which the Court can order disclosure if it is considered a) the documents of which the disclosure is sought are likely to support the case of the applicant or adversely affect the case of the other party, and b) the disclosure is necessary in order to dispose fairly of the claim.
[339] In the UK trial, in addition to Heard, seven individuals provided witness statements or testimony supporting the Defendants: Whitney Henriquez, Raquel Pennington, Kristina Sexton, iO Tillet-Wright, Josh Drew, Melanie Inglessis, and Laura Divenere. In support of Depp, eighteen individuals offered witness statements or testimony (Stephen Deuters, Trinity Corrine Esparza, Malcolm Connolly, Tara Roberts, Samantha McMillen, Hilda Vargas, Kate James, Kevin Murphy, Edward White, Winona Ryder, Vanessa Paradis, Sean Bett, Starling Jenkins, Ben King, Isaac Baruch, Alejandro Romero, Travis McGivern, and Katherine Kendall). The statements of all these witnesses are available online at https://reportingdeppvheard.net/depp-v-ngn/witness-statements/