Ah, the perils of an unsuccessful defamation claim.

Ah, the perils of an unsuccessful defamation claim.

Ah, the perils of an unsuccessful defamation claim.

Published on:

3 Nov 2020

2

min read

#notlegaladvice
#notlegaladvice
#libel
#libel
#law
#notlegaladvice
#notlegaladvice

https://www.theguardian.com/film/2020/nov/02/johnny-depp-loses-libel-case-against-sun-over-claims-he-beat-ex-wife-amber-heard

Ah, the perils of an unsuccessful defamation claim.

"In 12 out of the 14 incidents of assault reported by Heard, the judge said he found the allegations proved."

"Although Depp’s lawyers have indicated he is likely to appeal, it may prove difficult for them to overturn what are findings of fact by the trial judge. The judge’s rulings on those points are effectively similar to a jury’s verdict in a crown court. Appeals are more normally on points of law."

I would add, however, that if this case was before the Singapore courts, the court hearing the appeal would not unthinkingly accept the trial judge's findings of fact. The appeal court is:

(a) entitled to draw inferences from facts not in controversy (even though it has not seen the witnesses);
(b) entitled to examine the evidence against inherent probabilities or uncontroverted facts;
(c) can and should overturn any finding of the trial judge if it is plainly wrong or against the weight of the evidence; and
(d) is in as good a position as the trial judge to draw an inference from the facts or the evaluation of primary facts.

Disclaimer:

The content of this article is intended for informational and educational purposes only and does not constitute legal advice.

Footnotes:
Footnotes:

Never miss a post

Never miss a post
Never miss a post
Share It On: