12 h, nov 26, 2018 y - Depp v NGN & Wootton Jen Robinson Regarding Terms & Restrictions of the NDA LETTER

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33. As to the letter from Ms Robinson dated 26 November 2018 referred to in paragraph 32 of Mr Charalambous' witness statement and exhibited at LC1 pp164-5, I note that Ms Robinson simply repeats that Browne George Ross have made clear that "Ms Heard is unable to provide such evidence absent the consent of Mr Depp because their divorce settlement includes strict confidentiality provisions." Ms Robinson then states that it is Ms Heard's US counsel's opinion that both Ms Heard and I are prohibited from "unilaterally giving evidence in the UK proceedings, and that a decision by either to do so without the other's consent would expose that party to additional legal proceedings in the US to prove liability and damages for breach of contract." Insofar as this assertion relates to me, I do not believe that the Agreement could fairly be interpreted as preventing me from giving evidence in the normal course of legal proceedings. I also do not believe that I should be forced by the Defendants in these proceedings, to express a view as to the effect of the Agreement in relation to Ms Heard giving evidence.

34. Ms Robinson repeats the inaccurate assertion that Ms Heard's lawyers had "simply requested that she be released from the agreement for the sole purpose of giving evidence in these proceedings." As I have explained above, the original request related to, or appeared to rclate to, a much broader general release.

35. I note that Ms Robinson states that Ms Heard:
should not he required to go to the expense of obtaining a US court order to release her from confidentiality obligations to be able to answer factual matters raised in these proceedings, which have been brought by Mr Depp and at his initiative.

In bringing these proceedings, Mr Depp is calling into question the veracity of Ms Heard's account of domestic violence. Mr Depp should not be permitted to use defamation proceedings in the UK to vindicate his reputation while holding Ms Heard to confidentiality proceedings (sic) to prevent her from answering truthfully aboul the factual matters which will determine these proceedings."

SOURCE:
UK COURT DOCUMENTS
- Johnny Depp Witness Statement 01 pp14 paras 33-38

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