The application for permission to appeal and permission to adduce fresh evidence in the case of Depp v News Group Newspapers was heard today by the Court of Appeal (Underhill and Dingemans LJJ). Judgment was reserved although the Court indicated it would be given quickly.
Mr Andrew Caldecott QC, for Mr Depp sought the Court’s permission to adduce “fresh evidence” that Ms Heard had not, in fact, donated all of her $7 million divorce settlement to charity as she claimed. On the application for permission to appeal he argued that the Judge applied the wrong test in that he refused to give contemporaneous documents as much weight as oral evidence at trial.
The Respondent argued that the evidence as to the charity donation could have been obtained at rial and, in any event, would have had no impact on the Judge’s decision at the trial. It was said that there was ample evidence to support the Judge’s conclusion that the allegations that Mr Depp had committed physical violence against Ms Heard were true.
Update: the Transcript of Permission to Appeal hearing [pdf] is now available.
The following document relevant to the appeal have been made available: