Johnny Depp's reputation on line as libel trial set to begin

The long-anticipated showdown between the Hollywood stars Johnny Depp and his ex-wife Amber Heard opens in a British courtroom on Tuesday in a libel trial that will subject his international reputation to forensic legal scrutiny.

Highly embarrassing allegations about the former couple’s private lives have already spilled out during bitter pre-trial hearings in which the Pirates of the Caribbean actor tried to stop Heard from attending court until she is due to give evidence.

The legal drama, scheduled to run for three weeks, is being spaced out across five courts in the Royal Courts of Justice due to the need to respect social distancing. The cost in lawyers’ fees and court facilities will run into millions, though any damages eventually awarded are likely to be far lower.

Depp, 57, is suing News Group Newspapers (NGN) and the Sun’s executive editor, Dan Wootton, over an article published in 2018 that referred to the film star as a “wife beater”.

The article related to allegations made against Depp by Heard, 34, that he was violent towards her during their marriage. He strenuously denies the claims and is also pursuing her in a separate libel battle over the issue in the US.

Both Heard and Depp are expected to attend the London trial, having, it is believed, already travelled to the UK from their homes in California and France respectively.

Depp’s lawyers will seek to prove the Sun’s allegations are not true and amount to “serious harm” as defined in the Defamation Act 2013. They are likely to argue that the accusations of abuse have lost him lucrative film roles.

Originally due to begin in March, the case was delayed due to Covid-19. Witnesses expected to give evidence include Depp‘s former partners Vanessa Paradis and Winona Ryder.

NGN, which will call Heard to defend its story, attempted to have the case struck out last week on the grounds that Depp had not disclosed key text messages. That appeal was dismissed.

The newspaper says it is relying on 14 separate allegations of domestic violence, between early 2013 and May 2016, in its defence.

Courtroom accusations have already featured claims that Heard had “two extra-marital affairs” or “extra-relationship affairs” with Elon Musk and the actor James Franco while she was with Depp.

Depp has been accused of trying to obtain drugs during a visit to Australia when he allegedly texted an assistant seeking “happy pills” and “whitey stuff”, which was said to refer MDMA and cocaine.

The couple met in 2011 on the set of the comedy The Rum Diary and married in Los Angeles in 2015. The following year, Heard obtained a restraining order against Depp after accusing him of abuse, which he denied.

The couple settled their divorce out of court in 2017. Heard donated her $7m (£5.5m) settlement to charity.

The high court case will be heard by Mr Justice Nicol, with NGN represented by Adam Wolanski QC and Depp by the barrister David Sherborne.

Emily Cox, a partner at Stewarts law firm and an expert in defamation cases, said: “This is a critical case for Depp as his entire career is at risk, as well as his personal reputation and standing among his adoring fans across the globe.

“It’s unlikely he is pursuing the claim for financial reasons alone as damages for libel in England rarely surpass £100,000, although that is not beyond the realms of possibility in a case of this nature. Sometimes the libel courts may be the only route for someone to clear their name, and London is an attractive place for celebrities to bring claims as English defamation laws are known to be claimant-friendly.

“The stakes for Depp are high: Hollywood has ignored and sanctioned some despicable behaviour by celebrities in the past, but a new wind is blowing through Tinseltown as well as society as a whole. It is likely to be crucial for Depp that he clears his name.”