Depp v Sun libel decision out at 10am
You can never predict a High Court decision
That said: on basis of reports from the hearing, a Sun victory would be more remarkable than a Depp one (and, if so, the Sun's lawyers warrant a bonus)
1.
You can never predict a High Court decision
That said: on basis of reports from the hearing, a Sun victory would be more remarkable than a Depp one (and, if so, the Sun's lawyers warrant a bonus)
1.
The case has two features, from a practical media lawyer's perspective
First, Sun should not have run the story without rock-solid foundations, so that any libel threat would not get very far
The fact there is plausible litigation is an indication of a failure to begin with
2.
First, Sun should not have run the story without rock-solid foundations, so that any libel threat would not get very far
The fact there is plausible litigation is an indication of a failure to begin with
2.
Second, a case like this would normally settle
And so, one or both parties have taken a gamble on a court decision being more beneficial than a settlement
Someone has made an immense decision to risk this case going all the way
3.
And so, one or both parties have taken a gamble on a court decision being more beneficial than a settlement
Someone has made an immense decision to risk this case going all the way
3.
If so, the fall-out from the decision may be as interesting as the case itself
This is a high stakes case
The fact that it even got to court is significant
Let's see
4.
This is a high stakes case
The fact that it even got to court is significant
Let's see
4.
One plausible scenario is that Depp rejected a substantial settlement offer, putting himself at risk with costs, even if he wins, because he sees possible vindication as worth it
5.
5.
Another plausible scenario is that the Sun are trapped by their own costs risk and so went to trial as a 'last chance' to escape
6.
6.
Whatever the judgment, the case will be very hard for someone who took some fairly big litigation decisions
We just don't know who yet
7.
We just don't know who yet
7.
The Sun has won - reports
Their lawyers have done a remarkable job, given the hearing
Huge gamble to allow such a case to go to trial https://twitter.com/jimwaterson/status/1323204099815460874
Their lawyers have done a remarkable job, given the hearing
Huge gamble to allow such a case to go to trial https://twitter.com/jimwaterson/status/1323204099815460874
The @JudiciaryUK website has now gone down...
Interestingly none of the 'in the know' tweets about the Sun winning state the basis of the judgment
And @JudiciaryUK not publishing decision promptly does not help
And @JudiciaryUK not publishing decision promptly does not help
So all we know is that Depp lost, but not on what basis
And by the time we know the basis, much of the news coverage will have moved on
Unimpressive delay from @JudiciaryUK
And by the time we know the basis, much of the news coverage will have moved on
Unimpressive delay from @JudiciaryUK