Sir Andrew Nicol | |
|---|---|
 | |
| Justice of the High Court | |
| In office 2009–2021 | |
| Personal details | |
| Born | 9 May 1951 |
| Spouse | Camilla Palmer |
| Children | 2 |
| Alma mater | Selwyn College, Cambridge Harvard Law School Middle Temple |
Sir Andrew George Lindsay Nicol (born 9 May 1951) is a retired judge of the High Court of England and Wales.
He was educated at City of London Freemen's School,[ citation needed ] Selwyn College, Cambridge, and Harvard Law School (LLM). [1] He was called to the bar at Middle Temple in 1978 and became a bencher there in 2004. [2] He was made a QC in 1995, deputy judge of the High Court from 2003 to 2009, and judge of the High Court of Justice (Queen's Bench Division) since 2009. He co-wrote Media Law with Geoffrey Robertson. Nicol was quoted as saying: "Trials derive their legitimacy from being conducted in public; the judge presides as a surrogate for the people, who are entitled to see and approve the power exercised on their behalf. Those who assist the prosecution can and should be protected by other means. No matter how fair, justice must still be seen before it can be said to be done". [3] [4]
Nicol was the judge in the trial of consultant surgeon David Sellu in November 2013. Sellu was found guilty of gross negligence manslaughter following the death of a patient under his care, and served 15 months imprisonment of a 30-month sentence. [5] After release, Sellu's appeal against the conviction was successful in 2016. [6] The successful ground for the appeal was that Nicol had failed to instruct the jury properly regarding the grossness element of the offence. [6] [7]
Nicol presided over the 2020 libel suit Depp v News Group Newspapers Ltd , in which Johnny Depp sued British tabloid newspaper The Sun , which had claimed in an article that Depp was a "wife beater". Nicol ruled against Depp, accepting that 12 of 14 alleged accounts of violence committed by Depp against Amber Heard were true. Depp was denied permission to appeal by two judges of the Court of Appeal, who stated that they did not believe there was a real prospect of overturning the findings, and that the hearings had been fair. [8]
In 2022 Depp sued Heard in a separate defamation case in the United States. This case had a slightly different outcome, with the jury finding that Heard and Depp had both defamed each other. [9] Both had filed appeals that were later withdrawn in December 2022 as part of a settlement agreement in which Heard's homeowner's insurance gave him $1 million. [10]
Nicol is married to Camilla Palmer; they have two sons. [4]
John Christopher Depp II is an American actor and musician. He is the recipient of multiple accolades, including a Golden Globe Award as well as nominations for three Academy Awards and two BAFTA awards. His films, in which he has often played eccentric characters, have grossed over $8 billion worldwide, making him one of Hollywood's most bankable stars.
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals. The Court held that, so long as they do not impose liability without fault, states are free to establish their own standards of liability for defamatory statements made about private individuals. However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded.
Sir David Cozens-Hardy Hirst was an English barrister and judge who served as a Lord Justice of Appeal from 1992 to 1999. The Times described him as "one of the leading advocates of his generation".
In the English law of homicide, manslaughter is a less serious offence than murder, the differential being between levels of fault based on the mens rea or by reason of a partial defence. In England and Wales, a common practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option. The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. On conviction for manslaughter, sentencing is at the judge's discretion, whereas a sentence of life imprisonment is mandatory on conviction for murder. Manslaughter may be either voluntary or involuntary, depending on whether the accused has the required mens rea for murder.
Amber Laura Heard is an American actress. She had her first leading role in the horror film All the Boys Love Mandy Lane (2006), and went on to star in films such as The Ward (2010), Drive Angry (2011), and London Fields (2018). She has also had supporting roles in films including Pineapple Express (2008), Never Back Down (2008), The Joneses (2009), The Rum Diary (2011), Paranoia (2013), Machete Kills (2013), 3 Days to Kill (2014), Magic Mike XXL (2015), and The Danish Girl (2015). From 2017 to 2023, Heard played Mera in the DC Extended Universe, including the films Justice League (2017), Aquaman (2018), and Aquaman and the Lost Kingdom (2023). She has also acted in television series such as The CW's teen drama Hidden Palms (2007) and the Paramount+ fantasy series The Stand (2020–2021).
Sir Thomas Scott Gillespie Baker, PC is a retired English Court of Appeal judge.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
The People of the State of New York v. Harry Croswell, commonly known and cited as People v. Croswell, is an important case in the evolution of United States defamation law. It was a criminal libel case brought against a Federalist journalist named Harry Croswell for his statements about a number of public officials, including then-President Thomas Jefferson.
Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 is a case of the Court of Appeal of England and Wales that governs the use of injunctions against publication in alleged defamation cases. Greene, a businesswoman, sought an injunction against Associated Newspapers Ltd to prevent them publishing alleged links with Peter Foster; while they claimed to have emails showing links, she asserted that they were false. The test at the time for a preliminary injunction in defamation cases was Bonnard v Perryman, where it was established that the applicant has to show "a real prospect of success" at trial. The Human Rights Act 1998 established that judges should consider whether applicants are "more likely than not" to succeed at trial, a test applied to confidentiality cases in Cream Holdings Ltd v Banerjee and the Liverpool Post and Echo Ltd. Greene claimed that the Cream test should be applied rather than the Bonnard test.
Daniel John William Wootton is a New Zealand and British journalist and broadcaster.
Sir Michael George Tugendhat, styled The Hon. Mr Justice Tugendhat, and referred to as Tugendhat J in legal writing, is a retired High Court judge in England and Wales. He was the High Court's senior media judge, taking over that role from Mr Justice Eady on 1 October 2010.
The Seaman's Manslaughter Statute, codified at 18 U.S.C. § 1115, criminalizes misconduct or negligence that result in deaths involving vessels on waters in the jurisdiction of the United States.
Esther Louise Rantzen v Mirror Group Newspapers (1986) Ltd., Brian Radford, Richard Stott and Mirror Group Newspapers plc. [1993] EWCA Civ 16, [1993] 4 All ER 975, also shortened to Rantzen v Mirror Group Newspapers by legal analysts, is a 1993 English defamation court case. The case was brought by the television presenter Esther Rantzen against Mirror Group Newspapers, publisher of The People which had alleged that Rantzen had protected a child abuser after he had given information about child abuse in a school.
On the night of September 6, 2018, 26-year-old accountant Botham Jean was murdered in Dallas, Texas by off-duty Dallas Police Department patrol officer Amber Guyger, who entered Jean's apartment and fatally shot him. Guyger, who said that she had entered Jean's apartment believing it was her own and believed Jean to be a burglar, was initially charged with manslaughter. The absence of a murder charge led to protests and accusations of racial bias because Jean—an unarmed black man—was killed in his own home by a white off-duty officer who had apparently disregarded police protocols. On November 30, 2018, Guyger was indicted on a charge of murder. On October 1, 2019, she was found guilty of murder, and was sentenced to ten years' imprisonment the following day. The ruling was upheld on appeal in 2021.
#MenToo is a social movement in India which was started against false sexual harassment allegations in MeToo movement in India. The movement was widely spread out after Bollywood actress Pooja Bedi and Founder of Purush Aayog Barkha Trehan appealed to bring gender neutral laws and investigation, after actor Karan Oberoi was arrested on 5 May 2019 due to a sexual harassment complaint filed against him by his ex-girlfriend.
Depp v News Group Newspapers Ltd[2020] EWHC 2911 (QB) was a defamation lawsuit brought in England. The case was initiated by American actor Johnny Depp, who sued News Group Newspapers (NGN) and then-executive editor Dan Wootton for libel after The Sun ran an article that claimed Depp had abused his ex-wife and criticised his casting in the Fantastic Beasts film series. The article stated, "Overwhelming evidence was filed to show Johnny Depp engaged in domestic violence against his wife Amber Heard," who "recounted a detailed history of domestic abuse incidents, some of which had led to her fearing for her life." After a three-week trial in London in July 2020, Andrew Nicol, a High Court judge sitting without a jury, rejected Depp's claim in a verdict announced later that year, ruling that the published material was "substantially true".
Sasha Wass KC is a British judge, prosecutor and defender.
John C. Depp, II v. Amber Laura Heard was a trial held in Fairfax County, Virginia, from April 11 to June 1, 2022, that ruled on allegations of defamation between formerly married American actors Johnny Depp and Amber Heard. Depp, as plaintiff, filed a complaint of defamation against defendant Heard claiming $50 million in damages; Heard filed counterclaims against Depp claiming $100 million in damages.
Penney S. Azcarate is the chief judge of the circuit court in Fairfax County, Virginia. Azcarate is best known for presiding over the defamation case brought by actor Johnny Depp against his ex-wife Amber Heard.
R v Adomako[1994] UKHL 6, was a landmark United Kingdom criminal law case where the required elements to satisfy the legal test for gross negligence manslaughter at common law were endorsed and refined. It was held that in cases of manslaughter by criminal negligence involving a breach of duty the gross negligence test relied on by the Court of Appeal was sufficient and that it was not necessary to direct a jury to consider whether the recklessness definition should be applied. The test, as set out in R v Bateman 19 Cr. App. R.8 and Andrews v DPP [1937] AC 576, confirmed that there needed to be in existence a breach of duty of care where the serious and obvious risk of death was reasonably foreseeable and that the breach or omission in question caused actual death and that the conduct of the defendant, when all the circumstances were considered, was so bad as to amount to a criminal act or omission. The requirement to show that the defendant's breach of duty was "gross" helped develop the definition of gross negligence.
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