Johnny Depp and Amber Heard both secured damages after their landmark trial, but questions have been raised about how the outcome of the smear case in the UK and US could be so different.
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As the dust settles during the Amber Heard and Johnny Depp defamation trial, many questions remain.
Some have raised serious concerns about what the results mean for the #MeToo movement and what it really means for the way victims of domestic and sexual violence are treated by society. .
It also raises questions about the different rulings between courts in the US and UK and what that means for the two countries’ judicial systems.
Some will no doubt be overjoyed at the results, others dismayed.
But while the broader implications of this ruling have the world pondering, other questions are still being raised about some of the more tangible points that have caused confusion.
What is the difference between damages and punishment?
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One of the big outcomes of the trial was that both Amber Heard and Johnny Depp were awarded damages.
However, while Depp was awarded $10m (£8m) and $5m (£4m) in compensatory damages (later reduced to $350,000), Heard was awarded $2m (£1.6m) – a far cry from the $100m (£80m) she originally sued her ex-husband.
However, the difference between these two types of awards is not immediately obvious and neither is what they say about the results of the test.
To clear things up, Brett Turnbull, partner at Turnbull Holcomb & Lemoine, told the Mirror: “The damages are intended to compensate a victim of torture for things like medical bills, lost wages. loss, pain and suffering, mental suffering, mental suffering, loss of the full enjoyment of life, and many others. ”
Punishment damage – the kind only Depp can win – “has a very clear and narrow purpose”.
Mr Turnbull explained: “Punishment. The amount of punitive damages is often directed as an appropriate amount to reflect the degree of blame for the conduct, to prevent similar behavior in the future, and to discourage others from engaging in similar behavior. ”
Thus, while the court found that both parties had suffered as a result of the events that warranted reparation, only Heard was positively punished.
But even though Depp was the ‘winner’ of the Fairfax trial, he still lost the UK defamation case against the Sun newspaper in 2020, which covers much of the same grounds and evidence.
Why is the Depp vs Heard ruling different in the US and UK?
Confusion over how the outcome of the Depp vs Heard case could differ in the UK and US has raised concerns about the consistency of judicial systems.
Former California judge Halim Dhanidina, a partner at the law firm Werksman Jackson, said that differences in the trials on either side of Pond often have to do with who is responsible for finding evidence to prove the point. demonstrate a point of view in one way or another.
“Some have wondered whether opposing rulings could be explained by differences in British and American law. A closer examination reveals that in a legal sense, the results we have seen are counter-intuitive,” he said.
However, at least in theory, it is a fact that libel is “easier to prove in the UK than in the US from a purely legal point of view”.
“In the United Kingdom, it is the responsibility of the respondent publisher to deny the allegation that a [or] Negative statements of facts about the plaintiff have been published,” he continued.
“In the United States, it is the responsibility of the plaintiff to verify that a published false statement was made knowingly or recklessly as to the truth and that the claim also resulted in financial harm.”
But with the burden of proof falling on Sun’s publishers in the UK case, Depp should have taken the lead.
“Despite these differences which seem to favor Depp in England, that is where he has lost.
“In my view, the best explanation for the opposing result is that the UK trial was heard by a judge who simply believed in Heard’s allegations while the US jury was not convinced by the fact that he was not convinced. Heard presented the evidence.
“It is also likely that the jury in the US is more enamored with Depp’s celebrity and more willing to give him the benefit of the doubt than the UK judge.
“After all, Depp has been a celebrity in the entertainment industry for decades and in a sense it has been in all of our homes at one point or another. The coverage on the internet and in the media clearly demonstrates the enduring power of Depp’s popularity,” added Mr Dhanidina.
https://www.mirror.co.uk/3am/celebrity-news/johnny-depp-win-libel-case-27156753 Why did Johnny Depp win the US defamation case after losing the UK case?