Final week noticed the prolonged trial between Johnny Depp and Amber Heard draw to an in depth, after the jury discovered overwhelmingly within the actor’s favour and awarded him $15million (£12m) in damages.
The Pirates Of The Caribbean star, 58, filed a $50million (£39m) lawsuit towards his ex-wife Heard, 36 – who he was married to from 2015 earlier than Heard filed for divorce in 2016 – over a 2018 Washington Put up article she wrote discussing her expertise with home abuse.
Depp’s authorized group argued that it implied he was bodily and sexually abusive throughout their relationship, regardless of not being named within the op-ed. Heard countersued for $100m (£79m) in return.
Lastly, after a six-week trial and 13 hours of deliberation, a jury dominated in favour of Depp, awarding him $10m (£7m) in compensatory damages and an additional $5m (£3.9m) in punitive damages, bringing a complete of $15m, whereas Heard was awarded $2m (£1.6m) in compensatory damages.
Decide Penney Azcarate decreased the actor’s $5m punitive damages to as a substitute award $350,000 (£278K), the utmost in Virginia, whereas Depp additionally has to pay Heard the $2m in compensatory damages she was awarded, so he, due to this fact, walks away with $8.35m (£6.6m) in general damages.
Heard’s lawyer, Elaine Bredehoft, insisted the actress can’t afford to pay her former partner the damages and that she will probably be launching an enchantment.
In relation to each the damages in addition to the appeals course of, there are a number of questions on our thoughts.
So, we received , Companion at Reed Smith within the US on the case, who shared some authorized experience on what we will count on now the decision has been handed down and the mud has, considerably, settled.
The distinction between compensatory damages and punitive damages:
Raymond explains: ‘Compensatory damages are supposed to be an award of the quantities the jury believed the claimant truly misplaced because of the defamatory statements. On this case, it was presumably misplaced wage from the films he didn’t get provided due to the defamation.
‘Punitive damages are supposed to punish the respondent for his or her dangerous behaviour and to behave as a deterrent to future defamers. Though Depp was awarded $5,000,000 in punitive damages, Virginia legislation solely permits punitive damages to be a most of $350,000, so the Decide instantly lowered the punitive injury quantity to this.’
And in relation to the damages owed to Heard, Raymond says: ‘Depp can set off his judgment towards what he owes her, so it's going to simply deliver his compensatory award down by $2,000,000.’
What does an enchantment from Amber Heard contain?
Raymond explains: ‘Heard will probably enchantment on the premise that no affordable jury might discover the required “precise malice” towards her. This required Depp to show that Heard both knew the alleged defamatory statements had been false or that she acted in “reckless disregard “ of the reality, which is a really exhausting customary to fulfill.
‘Nevertheless, I feel the appellate courtroom might discover that the jury fairly believed that Heard was knowingly telling false statements about what Depp did.’
What occurs if Amber Heard can’t pay the damages to Johnny Depp?
Raymond stated Depp can have a look at any financial institution accounts Heard has, in addition to noting: ‘He can garnish 10% of her wages and he can file, after which foreclose on, loans on any actual property she has.
‘A judgment has been referred to as a “blunt weapon”, and it may be utilized by Depp to take and promote any belongings of Heard’s that he can discover for the lifetime of the judgment, which probably lasts 10 or 20 years below Virginia legislation.’
Regarding the jurors, the stenographer stated some had been falling asleep through the trial – might this be grounds for enchantment?
Raymond has a easy reply for this one: ‘I've by no means heard of this being a foundation for an enchantment.’
Is there a deadline on paying the damages?
‘These judgments often final for 10 or 20 years relying on the State’s legislation,’ the Companion says. ‘Depp can gather it in items as belongings turn out to be accessible. He may also depose Heard and demand manufacturing of paperwork to search out out the place her belongings are positioned.
‘If she has insurance coverage protection for any of the claims, the insurance coverage firm should pay Depp as much as the bounds of the insurance policies.’
Ought to Amber Heard enchantment, how lengthy might this drag on?
‘If she appeals, Heard should bond the judgment so as to keep judgment enforcement proceedings by Depp. If she does that, and Depp wins the enchantment, he can gather the cash from the bonding firm,’ Raymond says, noting ‘the enchantment might take a yr or extra relying on how busy the appellate courtroom is’.
Some might also be questioning how Depp misplaced his libel case within the UK, however received within the US.
Michael Skrein, Companion at Reed Smith within the UK, explains: ‘There have been fairly just a few causes for the distinction in end result, although the circumstances had been primarily a lot the identical.
‘Whereas a number of the variations had been technical, the primary distinction got here all the way down to what proof was given and the way it got here throughout. Mainly, who was believed, and on precisely what.
‘An enormous issue will probably be that in London it was a choose who determined, whereas in Virginia it was a jury. Whereas one might imagine that the identical case can be determined the identical method, all of it will depend on who’s deciding and exactly what they see and listen to…’
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