Lucas Buck
Executive Member
- Joined
- Jun 20, 2005
- Messages
- 5,628
According to Depps lawyers they could not compel discovery in the uk because Heard was not a defendent, which put Depp at a disadvantage.I can’t imagine how that statement could possibly be more wrong. She was cross-examined for 3 days. All her evidence was scrutinised and each individual claim was judged. The judge ruled that she had reason to fear for her life.
The judge in the uk trial seems to affirm this in his statement in his ruling. Basically saying that Depp should have sued Heard if he wanted to treat her as a defendent.What is the purpose of a discovery?
Discovery enables the parties to know before the trial begins what evidence may be presented. It's designed to prevent "trial by ambush," where one side doesn't learn of the other side's evidence or witnesses until the trial, when there's no time to obtain answering evidence.
He then sues her when she gives him a reason, and people cry foul.At several times in the course of this litigation, Mr Sherborne has suggested that there was unfairness to the Claimant because Mr Depp's effective opponent was Ms Heard and yet she was not a party. She had no obligation to make disclosure and she provided information to the Defendants at different times and at her choice. I am not persuaded that these comments carry any weight. It is, of course, right that Ms Heard is not a party to the proceedings. Because she is not a party, she was not obliged to make disclosure. As a third party, the court can nonetheless order her to make disclosure but only if quite stringent conditions are satisfied (see CPR r.31.17). The Claimant did indeed apply for such third-party disclosure against Ms Heard. His application was unsuccessful. Mr Depp has not been short of legal advice. He would, I can assume, have been advised as to the consequence of suing the Defendants against whom the claim is brought, but not Ms Heard. It was a matter for him, with the benefit of that advice to decide, if he wished to pursue the claim against these defendants. The consequences of him doing so, are that they (and not Ms Heard) are subject to the obligations of a party to make disclosure. There has been no suggestion that the defendants have failed in that duty.Link
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