From appeals to what happens if Amber Heard can’t pay $8,000,000 damages: Lawyer explains what comes now after Johnny Depp verdict-Mel Evans-Entertainment – Metro

What happens next, after Johnny Depp won his defamation case against Amber Heard? (Picture: Getty Images)

Last week saw the lengthy trial between Johnny Depp and Amber Heard draw to a close, after the jury found overwhelmingly in the actor’s favour and awarded him $15million (£12m) in damages.

The Pirates Of The Caribbean star, 58, filed a $50million (£39m) lawsuit against his ex-wife Heard, 36 – who he was married to from 2015 before Heard filed for divorce in 2016 – over a 2018 Washington Post article she wrote discussing her experience with domestic abuse.

Depp’s legal team argued that it implied he was physically and sexually abusive during their relationship, despite not being named in the op-ed. Heard countersued for $100m (£79m) in return.

Finally, after a six-week trial and 13 hours of deliberation, a jury ruled in favour of Depp, awarding him $10m (£7m) in compensatory damages and a further $5m (£3.9) in punitive damages, bringing a total of $15m, while Heard was awarded $2m (£1.6m) in compensatory damages.

Judge Penney Azcarate reduced the actor’s $5m punitive damages to instead award $350,000 (£278K), the maximum in Virginia, while Depp also has to pay Heard the $2m in compensatory damages she was awarded, so he, therefore, walks away with $8.35m (£6.6m) in overall damages.

Heard’s lawyer, Elaine Bredehoft, insisted the actress can’t afford to pay her former spouse the damages and that she will be launching an appeal.

When it comes to both the damages as well as the appeals process, there are several questions on our mind.

So, we got Peter D. Raymond, Partner at Reed Smith in the US on the case, who shared some legal expertise on what we can expect now the verdict has been handed down and the dust has, somewhat, settled.

The difference between compensatory damages and punitive damages:

Raymond explains: ‘Compensatory damages are intended to be an award of the amounts the jury believed the claimant actually lost as a result of the defamatory statements. In this case, it was presumably lost salary from the movies he didn’t get offered because of the defamation.

The actor testified during the six-week trial (Picture: Evelyn Hockstein/Pool/AFP)

Heard was awarded $2million in damages (Picture: Evelyn Hockstein/Pool via AP)

‘Punitive damages are meant to punish the respondent for their bad behaviour and to act as a deterrent to future defamers. Although Depp was awarded $5,000,000 in punitive damages, Virginia law only allows punitive damages to be a maximum of $350,000, so the Judge immediately lowered the punitive damage amount to this.’

And when it comes to the damages owed to Heard, Raymond says: ‘Depp can set off his judgment against what he owes her, so it will just bring his compensatory award down by $2,000,000.’

What does an appeal from Amber Heard involve?

Raymond explains: ‘Heard will likely appeal on the basis that no reasonable jury could find the required “actual malice” against her. This required Depp to prove that Heard either knew the alleged defamatory statements were false or that she acted in “reckless disregard “ of the truth, which is a very hard standard to meet.

‘However, I think the appellate court could find that the jury reasonably believed that Heard was knowingly telling false statements about what Depp did.’

What happens if Amber Heard can’t pay the damages to Johnny Depp?

Raymond said Depp can look at any bank accounts Heard has, as well as noting: ‘He can garnish 10% of her wages and he can file, and then foreclose on, loans on any real estate she has.

Heard’s attorney Elaine Bredehoft insisted the actress can’t afford the damages (Picture: AP Photo/Steve Helber, Pool) (Credits: AP)

‘A judgment has been called a “blunt weapon”, and it can be used by Depp to take and sell any assets of Heard’s that he can find for the life of the judgment, which likely lasts 10 or 20 years under Virginia law.’

In regards to the jurors, the stenographer said some were falling asleep during the trial – could this be grounds for appeal?

Raymond has a simple answer for this one: ‘I have never heard of this being a basis for an appeal.’

Is there a deadline on paying the damages?

‘These judgments usually last for 10 or 20 years depending on the State’s law,’ the Partner says. ‘Depp can collect it in pieces as assets become available. He can also depose Heard and demand production of documents to find out where her assets are located.

‘If she has insurance coverage for any of the claims, the insurance company will have to pay Depp up to the limits of the policies.’

Should Amber Heard appeal, how long could this drag on?

‘If she appeals, Heard will have to bond the judgment in order to stay judgment enforcement proceedings by Depp. If she does that, and Depp wins the appeal, he can collect the money from the bonding company,’ Raymond says, noting ‘the appeal could take a year or more depending on how busy the appellate court is’.

Some may also be wondering how Depp lost his libel case in the UK, but won in the US.

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Michael Skrein, Partner at Reed Smith in the UK, explains: ‘There were quite a few reasons for the difference in outcome, though the cases were essentially much the same.

‘While some of the differences were technical, the main distinction came down to what evidence was given and how it came across. Basically, who was believed, and on exactly what.

‘A huge factor will be that in London it was a judge who decided, whereas in Virginia it was a jury. While one may think that the same case would be decided the same way, it all depends on who’s deciding and precisely what they see and hear…’

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