A judge sitting at the High Court has rejected the newspaper’s application that his claim should be “stayed unless and until” Depp confirmed in writing that he would not sue Heard if she participated in a forthcoming trial. But the judge ruled that such an order was not “necessary” at this stage of the case and contended that Heard was a “crucial” witness for Sun publisher News Group Newspapers and journalist Dan Wootton’s defence – which is that the allegations are true.

The libel claim arises out of publication of an article in the Sun last April (2018) under the headline “GONE POTTY How can JK Rowling be ‘genuinely happy’ casting wife-beater Johnny Depp in the new Fantastic Beasts film?”

The judge said the article “concerned alleged incidents of domestic violence by Mr Depp against Ms Heard during their marriage”.

Heard considered she was subject to “confidentiality restrictions” in an August 2016 divorce agreement “which prevent her from assisting the defendants with evidence to support their case”.

But, the judge announced: “I am not satisfied on the current evidence that Ms Heard’s concerns about the restrictions that the divorce agreement imposes on her are well-founded.”

He said that even if they were, “the matter is capable of resolution” and continued to say that Depp had stated clearly in his evidence to the court that he expects Heard “may well” give evidence in the proceedings, and “he will not attempt to prevent that”.

He added: “The fact that Ms Heard presently thinks that there is some impediment to her giving evidence for the defendants is nothing to do with Mr Depp”.

Depp, who denies beating Heard, would provide a “raft” of evidence from independent witnesses who “fundamentally contradict the evidence given by Ms Heard”, his barrister told the court.

He added that the actor “wants to stop false and defamatory publications”.

The judge said: “Whether the allegations of domestic violence are ultimately proved true is a matter for trial. At this stage, the court is not in a position to, and does not, make any findings at all.”