BREAKING: Johnny Depp has lost his libel claim against NGN newspapers...

Par 588 "The Claimant has not succeeded in his action for libel. Although he has proved the necessary elements of his cause of action in libel, the Defendants have shown that what they published in the meaning which I have held the words to bear was substantially true."

[sorry par 585 contd] "I have reached these conclusions having examined in detail the 14 incidents on which the Defendants rely as well as the overarching considerations which the Claimant submitted I should take into account…."

“… In those circumstances, Parliament has said that a defendant has a complete defence. It has not been necessary to consider the fairness of the article or the defendants’ ‘malice’ because those are immaterial to the statutory defence of truth...

…. The parties will have an opportunity to make submissions in writing as to the precise terms of the order which should follow my decision."

Par 577 "A recurring theme in Mr Depp’s evidence was that Ms Heard had constructed a hoax and that she had done this as an ‘insurance policy’ – presumably in the event that the marriage broke down…."

“… Mr Sherborne commented in his closing submissions that Ms Heard had said that she recorded some of her conversations with Mr Depp to show him what he was capable of doing when the Monster prevailed and yet many of these were never played to or shown to Mr Depp…"

“…. She was, according to this scenario, nothing more than a gold-digger. I have in the course of this judgment given reasons why I do not accept this characterisation of Ms Heard. Looking at the evidence as a whole, I come to the same conclusion…."

[par 575] "I have found that the great majority of alleged assaults of Ms Heard by Mr Depp have been proved to the civil standard (bearing in mind what has been said about the evidence necessary to satisfy that standard when serious allegations are in issue)."

Incident 1: the tattoo incident

"Seen in isolation, the evidence that Mr Depp assaulted Ms Heard on this occasion might not be sufficient. However, taken with the evidence as a whole, I find that it did occur."

Incident 2: the painting incident

"Overall, I conclude that Mr Depp did assault Ms Heard as she and the Defendants have alleged"

Incident 3: Hicksville June 2013

"In the course of the argument, Mr Depp caused significant damage to the trailer. Ms Sexton could see that the damage was more than a broken light fixture which Mr Depp admitted damaging. I accept her evidence….

"… The argument and the damage to property are symptomatic of Mr Depp’s manner when ‘the monster’ side of his personality was dominant…"

“… I also accept the evidence of Ms Heard that another aspect of ‘the monster’ was that Mr Depp physically assaulted her as she described…."

“… I address another aspect of this incident in the Confidential Annexe to this judgment in which I do not accept the further allegation made by Ms Heard in relation to this incident."

Incident 4: the plane journey from Boston to Los Angeles

"As had happened previously when Mr Depp became drunk and high on illegal drugs, he insulted Ms Heard and screamed obscenities at her. In his closing submissions, Mr Sherborne submitted that...

“… Mr Depp would not have done this in the presence of Mr Deuters, Mr Jerry Judge (Mr Depp’s head of security) and the flight crew…."

“… However, I prefer the evidence of Mr Depp’s text to Mr Bettany in which after recounting what he had consumed he asked rhetorically, ‘What do you get?’ Mr Depp’s answer to that question was,
‘a fuckin’ blackout, screaming obscenities and any fuck who gets near.’…"

“… These verbal insults became, in the course of the flight, physical abuse. Whatever the configuration of the furniture on the plane, Mr Depp managed to kick Ms Heard on her back or bottom…."

“…. This was more than a ‘playful tap’, contrary to what he and Mr Deuters said in their evidence. Mr Sherborne submitted that Mr Deuters (and Mr Judge) would not have allowed that to happen. I do not accept that submission. Their first loyalty was to Mr Depp."

Incident 5: Bahamas August 2014

"I find it more likely than not that Mr Depp did push Ms Heard on at least one occasion (as reflected in her text of 17th August 2014). I am not able to conclude whether there was more than this one assault…."

“… That Ms Roberts never saw Mr Depp assault Ms Heard takes the matter no further. The staff (including Ms Roberts) lived in a different part of the island…"

“… In any event, Ms Heard’s account is that she was generally assaulted by Mr Depp only when no one else was present. That is a common feature of domestic abuse…."

“…. Ms Heard acknowledged that she had made a mistake about the location of the door which was splintered. That is a peripheral matter and I do not find it causes me to doubt her account of being assaulted by Mr Depp."

Incident 6: Los Angeles December 2014

"I am not persuaded that Incident 6 constituted a physical assault of Ms Heard by Mr Depp."

Incident 7: Tokyo: January 2015

"I have found that on other occasions, not long before Incident 7, Mr Depp was adversely affected by drink and/or drugs, whether prescription or controlled drugs…."

“… During those incidents, Mr Depp assaulted Ms Heard.
I do not accept that the presence of his children would have inhibited Mr Depp from doing so again. They were staying in another room…."

“… Nor do I find that the presence of his children would have prevented Mr Depp from gaining access to controlled drugs. After all, a short time later in February or March Nathan Holmes was helping Mr Depp to acquire controlled drugs in Australia…"

“… I conclude that Mr Depp did assault Ms Heard as she and the Defendants have alleged in Incident 7."

Incident 8: Australia March 2015

"It is plain that at some point in the argument, part of one of the Claimant’s fingers was sliced off. The Claimant said this had occurred when Ms Heard threw a vodka bottle at him…"

“… He denied that he had cut his finger accidentally on a broken bottle or on a plastic wall mounted telephone which was broken. I return below to consider the evidence as to how this occurred. Mr Depp also said that Ms Heard also put out a lit cigarette on his cheek…"

“… The damage to the Claimant’s hand was serious and painful. The Claimant denied that he had delayed seeking medical help. He did agree, however, that he had written graffiti on the wall with his injured finger…."

“… At first, he used blood from the finger. He then dipped his injured finger into paint. There are in evidence photographs of some of the graffiti which the Claimant drew…."

“… Part of this read, ‘starring Billy Bob Thornton Easy Amber’. Mr Depp agreed that he wrote that. He also wrote on a lampshade ‘Good luck and be careful at the top’…."

“…. He agreed he had done so at a time when he was severely injured. It was put to Mr Depp that he did not know what he was doing. He replied,
‘I knew exactly what I was doing.’"

“… Malcom Connolly said that when he arrived Mr Depp was outside the house and Mr Depp said to him words to the effect of,
‘Look at my finger. She’s cut my fucking finger off. She’s smashed my hand with a vodka bottle.’
Mr Connolly also said that Mr Depp told him that...

… Ms Heard had also put a cigarette out on his cheek. Mr Connolly could see a mark on Mr Depp’s face…"

“… Mr Connolly agreed that Ms Heard was saying that Mr Depp had burnt himself with the cigarette, although she did not say that in his presence.
Mr Connolly was shown a photograph of Mr Depp lying in hospital…."

“… He identified the mark to which he had referred on the right side of Mr Depp’s face…."

“… Mr Depp was due to discuss potential surgical procedures with Dr Sawhney the following day (9th March 2015). In fact, the operation on Mr Depp’s hand took place in California, not in Australia…."

“… The bone was pinned, and a plaster cast was put over it. I was shown a photograph (taken on 18th March 2015) of the cast which had pictures of little dinosaurs on it…."

“… Neither the hospital, nor Dr Sawhney, nor Dr Kipper made any mention of a cigarette burn to Mr Depp’s cheek…"

“… I do not accept that Ms Heard was responsible for the injury to Mr Depp’s finger. The first account appears to have been in Mr Depp’s text to Dr Kipper. It is notable in that text that he says he cut his finger, not that she cut it…."

“… Mr Connolly said that Mr Depp told him on his arrival that Ms Heard had caused the injury to his finger, but that is not what Mr Depp said in his text to Dr Kipper. Nor did Mr Depp say that Ms Heard had been responsible for the injury to his finger…"

“… in either of his two texts to sister Christi on 8th March 2015… What exactly caused the injury is uncertain. Mr King spoke of there being a great deal of broken glass around and it may well be that Mr Depp accidentally cut his finger on a piece of broken glass…"

“… Ms Heard’s description of the days in Australia as akin to a hostage situation was something of a hyperbole. She was not being kept in the house against her will. The house was set back on a long drive, but there were people around…."

“…. Ms Heard had a mobile phone. She agreed in cross examination that she could have contacted anyone. In the accidentally recorded conversation she spoke of phoning her sister. Ms Heard could have left the house…."

“… Yet taking all the evidence together, I accept that she was the victim of sustained and multiple assaults by Mr Depp in Australia…."

“… It is a sign of the depth of his rage that he admitted scrawling graffiti in blood from his injured finger and then, when that was insufficient, dipping his badly injured finger in paint and continuing to write messages and other things…."

“… I accept her evidence of the nature of the assaults he committed against her. They must have been terrifying. I accept that Mr Depp put her in fear of her life."

Incident 9: the stairs incident 23rd March 2015

"It is no part of my function to decide whether Mr Depp was having an affair with Rochelle (any more than it is my function to decide whether Ms Heard had affairs with James Franco, Billy Bob Thornton, Elon Musk or anyone else)…"

“… Even if he or she had been unfaithful in this sense, it could not begin to excuse the use of violence in consequence. To be fair to Mr Depp and Ms Heard, neither suggested that it could…."

“… I regard the most reliable account of what took place as the texts sent by Ms Lloyd. They were written very shortly after the events she is describing and they are therefore a near-contemporaneous account…"

“…. Ms Lloyd was also independent of both Mr Depp and Ms Heard. It is plain from these texts that this argument was not simply a verbal argument. She speaks of them ‘getting violent again’…."

“…. It is also plain from what Ms Lloyd said in her texts that there was violence on both sides. Ms Heard has accepted that she punched Mr Depp, but it is clear from Ms Lloyd’s texts that she was not the sole aggressor. As Ms Lloyd said, ‘We had to restrain both of them.’…"

“…. However, Ms Lloyd makes no mention of Mr Depp being struck on the back by a can of Red Bull. Either this did not happen, or the force of the blow was so minimal that it was not worth Ms Lloyd referring to it. Either way it is of no consequence…"

“… All agree that Mr Depp still had a cast on his injured right hand, but in Ms Lloyd’s account (which I find to be true) that did not stop him being one of those who was violent or having to be physically restrained…."

“… In short, I accept that Mr Depp did assault Ms Heard as she and the Defendants have alleged… I find that Ms Heard was in her pyjamas as Ms Henriquez said (and as would be natural in the early hours of the morning). She did not have her purse with her…"

“…. (whether ‘purse’ for these purposes is as it would be understood in England or in the USA). I do not find that she threw a can of Red Bull at Mr Depp. As she admitted, she did punch him, but I accept that was in defence of her sister…."

“…. Mr McGivern agreed that the account of the incident which he gave in cross- examination differed from the account in his statement. He did not have a satisfactory explanation for the difference. I find that the weight I can give to his evidence is consequently reduced."

Incident 10: south east Asia train incident

"I do not accept that it is proven."

Incident 12: 15th December 2015 (the day before Ms Heard’s appearance on James Corden’s Late Late Show)

"My findings in relation to Incident 12 are as follows...

“…. There was an argument on 15th December between Mr Depp and Ms Heard. I find that it is more probable than not that on this occasion, as on others, Mr Depp was under the influence of alcohol and/or controlled drugs…."