Johnny Depp's multi-million lawsuit against his ex-wife Amber Heard is due to begin in Virginia on Monday

Johnny Depp and Amber Heard's $50m lawsuit- why they are in court and what's at stake

Johnny Depp's $50million US defamation lawsuit against his ex-wife Amber Heard is due to begin on Monday.

The actor, 58, and Amber, 35, will battle it out at court in Falifax, Virginia with proceedings set to be televised.

The former Hollywood power couple are both expected to give evidence in person at the trial, and high-profile figures including James Franco, Paul Bettany and Elon Musk are scheduled to give testimony.

They will battle it out again in court after the biggest English libel trial of the 21st century back in 2020, where Johnny lost his case against News Group Newspaper after claiming The Sun had falsely labelled him a 'wife beater'.

Here is everything we know about the case so far:

Why are they going to court?

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Johnny is suing his former partner for libel over a 2018 op-ed she wrote in the Washington Post, in which she discussed her experiences of domestic abuse.

Amber divorced Johnny in 2017, just two years after they married. A year later released the piece titled: 'I spoke up against sexual violence — and faced our culture’s wrath'.

While the article does not mention Johnny by name, but his lawyers will argue it is a 'clear implication that Mr Depp is a domestic abuser'.

They say the article falsely implies Amber was physically and sexually abused by Johnny when they were married and the accusations have made it difficult for him to get the sorts of roles he once did.

What did Amber Heard say in the Washington Post op-ed?

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The actress wrote how she felt she had lost out on a number of roles after she 'felt the full force of our culture's wrath for women who speak out' against domestic abuse.

In part, she said: 'Like many women, I had been harassed and sexually assaulted by the time I was of college age. But I kept quiet - I did not expect filing complaints to bring justice. And I didn’t see myself as a victim.

'Then two years ago, I became a public figure representing domestic abuse, and I felt the full force of our culture’s wrath for women who speak out.'

When did Johnny begin legal action?

Johnny launched the $50 million dollar defamation lawsuit in 2019, and claimed the piece caused him to be dropped from the Pirates Of The Caribbean franchise.

He also alleged Amber was the one who had been abusive towards him- something which she vehemently denies.

The case was delayed due to the pandemic but is expected to be two weeks long.

Several high-profile celebrities are set to give testimony.

James Franco, Paul Bettany and Elon Musk feature on witness lists alongside representatives of the Walt Disney Company, Warner Bros and the Los Angeles Police Department.

What is at stake?

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The Hollywood star has asked for compensatory damages 'not less than $50million' as he claims the op-ed damaged his career.

In August 2020, Amber filed a counterclaim in response to his libel lawsuit. The actress accused him of creating a 'smear campaign against her' and said his lawsuit was just Johnny continuing his 'abuse and harassment'.

The Aquaman star has asked for compensatory damages of 'not more than $100million'.

What are Amber's lawyers expected to argue?

Amber's lawyers are expected to argue she should be immune from the libel suit because of a Virginia law known as an anti-Slapp provision (Strategic Lawsuit Against Public Participation).

The provision is designed to protect people from nuisance lawsuits when they speak about matters of public concern.

The actress' lawyer, Elaine Bredehoft, has argued the article addresses a very serious issue of public concern: preventing domestic violence.

The actress has also filed a counterclaim for defamation against the actor because of statements Johnny’s lawyer made about her.

The case is being brought in Virginia, rather than in California where the actors reside, because the Washington Post’s online editions are published through servers located in Fairfax County.

Johnny's lawyers say one of the reasons they brought the case in Virginia is because the state’s anti-Slapp law is not as broad as the one in California.

What was the court case before?

Johnny lost a similar defamation case in the UK, which he brought against the publishers of The Sun newspaper, News Group Newspapers (NGN).

An article also written in 2018 by The Sun’s executive editor Dan Wootton referred to Johnny as a 'wife-beater' in the headline.

Following a 16-day trial in July 2021, a judge found the content of the article to be 'substantially true'.

The actor was refused permission to appeal against the decision at the Court Of Appeal.

When were they married?

Image: AFP via Getty Images) AFP via Getty Images)

Amber married Johnny in 2015, after they started a relationship in 2012.

The actress filed for divorce from the Hollywood star in May 2016, and obtained a temporary restraining order against him, alleging in her court declaration he had been verbally and physically abusive throughout their relationship.

Johnny denied claims and said it was 'attempting to secure a premature financial resolution'.

Their divorce was finalised in January 2017 and Amber dismissed the restraining order, and they issued a joint statement saying that their 'relationship was intensely passionate and at times volatile, but always bound by love. Neither party has made false accusations for financial gain. There was never any intent of physical or emotional harm.'

But in 2018, Johnny sued Amber for defamation over her Washington Post op-ed with the case set to go to trial this week.