UK court may FORCE Andrew to give evidence in US lawsuit if he continues to ‘dodge and duck’

UK court may FORCE Andrew to give evidence in US lawsuit if he continues to ‘dodge and duck’

Prince Andrew might be compelled by a UK court to current evidence in Virginia Giuffre’s bombshell intercourse assault US lawsuit if he continues to ‘dodge and duck’ the case, in accordance to a lawyer who has represented victims of paedophile Jeffrey Epstein. 

Lisa Bloom advised Radio 4’s Today programme a British choose is perhaps required to implement a cooperation deal between London and Washington DC that might compel the Duke of York to reply questions posed by a US choose underneath oath if he refuses to achieve this willingly.

She additionally insisted that Ms Guiffre’s intercourse assault case is probably going to proceed regardless of attorneys for Andrew attempting to persuade Judge Lewis Kaplan final night time papers had not been served and that the lawsuit needs to be thrown out, including: ‘No one is above the legislation.’

‘We have a authorized cooperation settlement between the US and the UK and all people who’s sued says its unfair and unjust and they did not do it, however that is not ok,’ Ms Bloom advised the Today programme.

‘We have system and a course of and particularly when it comes to sexual assault instances (Ms Guiffre’s) entitled to her day in court, he’s entitled to current all his defences. There are many bizarre instances on a regular basis the place residents of the UK are required to reply questions underneath oath and depositions in US instances and vice versa as a result of now we have a pleasant settlement between the 2 international locations.’

Under the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters – or the Hague Evidence Convention – English courts will help US courts to acquire oral and documentary evidence from witnesses who’re resident in England and Wales.

In England and Wales, the Evidence Act 1975, the Civil Procedure Rules and the Hague Convention authorise the High Court to make an order for a person resident in England and Wales to produce evidence or paperwork to be used in overseas civil or business proceedings.

Asked who can be required to pressure the duke to sit in a US court, Ms Bloom mentioned: ‘It can be a UK court that may be imposing the cooperation settlement between the US and the UK, simply as in my nation if a witness is required for a case in England they’re required to cooperate. 

‘You have to soar via some hoops, you have got to submit some paperwork and affidavits and so forth, however finally witnesses and people who find themselves sued want to comply.’ 

Ms Guiffre, an alleged sufferer of convicted pedophile Epstein, filed a lawsuit towards the Queen’s son in federal court in Manhattan on August 9. She claims she was compelled to have intercourse with the royal thrice when she was 17 – underneath the age of consent in the US.

The lawsuit claimed that Andrew was one of many ‘highly effective males’ who Epstein loaned Ms Guiffre, then Ms Roberts, out to for intercourse and accused the duke of ‘publicly feigning ignorance in regards to the scope of Epstein’s sex-trafficking operation and sympathy for Epstein’s victims’. 

Ms Guiffre alleges the primary time with the royal was on the London townhouse of Ghislaine Maxwell, Epstein’s alleged madam. The second time, in 2001, was at Epstein’s New York mansion, and the third time was on Epstein’s personal island in the Caribbean. The formal allegations towards the duke are battery and infliction of emotional misery.

Andrew has lengthy denied the allegations and has not been charged with any crime. In a car-crash 2019 interview with the BBC, he claimed he had no reminiscence of ever assembly Ms Roberts, now a 38-year-old mother-of-three who lives in Australia and goes by her married title.

A now-infamous picture, taken contained in the London townhouse of Maxwell reveals Andrew smiling for the digicam along with his arm round Ms Roberts’ waist whereas Maxwell stands in the background. 

Lisa Bloom

Prince Andrew

Prince Andrew might be compelled by a UK court to current evidence in Virginia Giuffre’s bombshell sexual assault US lawsuit if he continues to ‘dodge and duck’ the case, in accordance to Lisa Bloom, who has represented victims of paedophile Jeffrey Epstein

Andrew, Virginia Roberts, aged 17, and Ghislaine Maxwell at Maxwell's townhouse in London

Andrew, Virginia Roberts, aged 17, and Ghislaine Maxwell at Maxwell’s townhouse in London

According to a document filed on Friday (above), an affidavit of service was served at the Duke of York's home in Windsor, England on August 27

According to a doc filed on Friday (above), an affidavit of service was served on the Duke of York’s house in Windsor, England on August 27

Timeline of one other dramatic month in the Prince Andrew case 

  • August 9: Virginia Giuffre information a civil case in New York claiming Prince Andrew sexually abused her aged 17
  • August 10: Andrew arrives at Balmoral along with his ex-wife Sarah Ferguson, and is joined by Eugenie the subsequent day
  • August 10: US attorneys had been allegedly attempting to maintain him up on his horse to serve him papers earlier than he left.
  • August 12: Dame Cressida Dick says she has advised Met Police detectives to evaluation the claims towards Andrew 
  • August 13: Ms Giuffre’s lawyer says Andrew will likely be served papers in particular person underneath the Hague Convention
  • August 14: Epstein’s telecoms specialist says he will swear on oath that he noticed Andrew groping Ms Giuffre 
  • August 15: Andrew’s pals say he is ‘cheerful and relaxed’ over the case in and will stay silent
  • August 16: A supply shut to the US probe into Jeffrey Epstein says they view Andrew as a ‘particular person of curiosity’ 
  • September 7: Andrew leaves Royal Lodge in Windsor and travels practically 500 miles to Balmoral in Scotland
  • September 10: A court doc filed by Virginia Roberts’ authorized workforce says Andrew was served with the paperwork on August 27.
  • September 13: First phone convention in the case is scheduled at Manhattan Federal Court in New York
  • December 8: Deadline for Andrew to be served with court papers in particular person underneath the Hague Convention

Ms Bloom went on: ‘I believe that Prince Andrew is attempting to dodge and conceal and duck service which isn’t a very good search for him. Eventually the choose goes to say that he’s been served, both in this event or in the long run as a result of rich folks usually have guard gates and partitions and they will get on their aircraft and go away and they will strive to evade service and they usually do, nevertheless it would not work ceaselessly. 

‘I sue folks like this on a regular basis, high-profile folks in sexual abuse instances, and finally judges develop bored with it and they discover an alternate approach of service so the case can get going. 

‘If the choice is that service was correct then the case goes ahead, and if I had been representing Virginia… we might instantly embark on a really aggressive course of discovery, subpoenaing calendars and journals and logbooks and any type of data of the place he was on the dates that she says he sexually assaulted her in New York about 20 years in the past. I’d take depositions, that are witness statements underneath oath that persons are required to do, together with Prince Andrew’s. 

‘Everybody dodges and geese and runs and hides and says the case is invalid and it is unfair and they’re harmless, and that is not sufficient. We have a court system, and nobody is above the legislation.’

It comes because the choose in Andrew’s intercourse assault trial advised the Duke to ‘minimize the technicalities’ as he gave his rivals an additional week to serve him with authorized papers.

In a fractious opening listening to in the case, Andrew’s authorized workforce tried to persuade Judge Lewis Kaplan papers had not been served and the case needs to be thrown out.

They argued the UK’s High Court ought to step in and make a ruling, and tried to invoke ‘the Hague conference’. But no-nonsense New York Judge Kaplan gave the pleas quick shrift.

He advised Andrew’s legal professional Andrew Brettler that there was ‘loads to be mentioned’ for Roberts’ workforce’s standpoint that ‘you have got a reasonably excessive diploma of certainty that he (Andrew) will be served before later’.

Judge Kaplan mentioned: ‘Let’s minimize out all of the technicalities and get to the substance.’

The phone convention marked the opening salvos in what may grow to be a bombshell intercourse assault trial – until Andrew’s workforce are profitable in derailing it earlier than it will get underway.

The Duke of York’s legal professional Mr Brettler advised the federal court in New York that the lawsuit filed final month was a ‘non-viable and doubtlessly illegal’ case. 

In court paperwork filed final Friday, Roberts’s attorneys claimed that the prince had been served on August 27, when the paperwork was handed to a policeman on the gate of Royal Lodge in Windsor who mentioned he would cross them on. 

Virginia Roberts, an alleged victim of convicted pedophile Jeffrey Epstein, first filed a lawsuit against Prince Andrew in federal court in Manhattan, New York, on August 9

Prince Andrew's (pictured last January) attorney told the federal court in New York on Monday that the sexual assault lawsuit against him was a 'non-viable and potentially unlawful' case

Prince Andrew’s (pictured proper final January) legal professional advised the federal court in New York on Monday that the sexual assault lawsuit filed towards him by Virginia Roberts (left) final month was a ‘non-viable and doubtlessly illegal’ case

It was not clear if the royal was listening in, however a person and lady talking in English accents had been heard talking forward of the court listening to.  

‘We do contest the validity of service to date, The Duke has not been correctly served underneath both UK legislation or pursuant to the Hague conference,’ Brettler advised the court Monday.

‘We have important issues in regards to the propriety of this lawsuit that is been filed. 

‘We’ve been in correspondence with the High Court in the UK, and the High Court in the UK goes to have to decide whether or not service to date has been affected correctly on the Duke.

‘We imagine this can be a baseless non-viable and doubtlessly illegal lawsuit that the plaintiff has filed.

Court documents show Prince Andrew hired Hollywood attorney Andrew Brettler to represent him in the sexual assault case brought against him by his accuser and Jeffrey Epstein victim Virginia Roberts Giuffre

Court paperwork present Prince Andrew employed Hollywood legal professional Andrew Brettler to symbolize him in the sexual assault case introduced towards him by his accuser and Jeffrey Epstein sufferer Virginia Roberts Giuffre

‘There has been a settlement settlement the plaintiff entered into in a previous motion that releases the duke and others from any and all potential legal responsibility.’

The case was delayed for a few week for Roberts’s legal professional David Boies to make any requests to the court for assist with service.

But Judge Lewis Kaplan had a warning for all events, together with the prince. 

‘There is a really swift approach of getting to the substance promptly, however you two (attorneys) want to discuss that as a result of I can see numerous authorized charges being spent and time being expended and delay which finally may not be terribly productive for anybody,’ the choose mentioned. 

During the 30-minute listening to, Roberts’s lawyer David Boies mentioned that in his view Andrew had been served underneath Article 10 of the Hague Convention.

Boies mentioned that ‘it is clear Prince Andrew has precise discover of this criticism and continuing.’ 

Brettler tried to argue that the Senior Master of the High Court in Britain wanted to weigh in as the subsequent step in the case underneath the phrases of the Hague conference.

Judge Kaplan had little time for this and mentioned that Brettler was ‘making this much more difficult than it truly is.’

Brettler responded that ‘the principles underneath Hague conference needs to be adopted…to shield a overseas nationwide.’

But Judge Kaplan mentioned that ‘I’m positive you already know that the Hague Convention is elective’, including that service might be effected upon a overseas nationwide underneath a US Federal Rule referred to as 4(f)(3) with out involving their authorities.

That rule provides vast scope for serving a overseas particular person ‘by different means not prohibited by worldwide settlement, because the court orders’.

Judge Kaplan mentioned that he would seemingly grant that order and was ‘unlikely to change my thoughts until I hear one thing new.’

Prince Andrew with his ex-wife Sarah Ferguson leaving Windsor to drive to the Queen's Balmoral estate in Scotland last week

Prince Andrew along with his ex-wife Sarah Ferguson leaving Windsor to drive to the Queen’s Balmoral property in Scotland final week

Prince Andrew (left) arrives at Balmoral with his ex-wife Sarah Ferguson in the back of a Range Rover

Prince Andrew (left) arrives at Balmoral along with his ex-wife Sarah Ferguson in the again of a Range Rover

Before the listening to ended Brettler tried to broach the problem of the settlement settlement.

It was signed by Roberts in a 2009 settlement with Jeffrey Epstein and was utilized by US lawyer Alan Dershowitz to have a battery allegation she filed in a civil case towards him dismissed.

Brettler known as it a ‘secret settlement settlement’ that might ‘launch the Duke of any legal responsibility as we suspect it does’.

Boies mentioned that making such a request to see the doc now was ‘a bit untimely’ and mentioned that he ‘disagrees with the characterization’ made by Brettler about what the doc incorporates.

Judge Kaplan declined to order Boies to hand it over as one other choose in a separate case was making that call.

The case was delayed for round per week for Boies to make any requests to the court for assist with service, together with doubtlessly having the choose asking British officers to help.

Judge Kaplan set gave Brettler two weeks from the date Boies information his request, if it comes, to make any motions in response.

Both sides got dates to file further motions to the court earlier than an in-person listening to which was scheduled for October 13.

Four hours before the Duke of York is due to appear in federal court in New York, Brettler, of powerhouse Los Angeles law firm Lavely & Singer, filed a notice Monday saying he was representing the British royal. He is pictured right with firm founder Marty Singer in 2019

Brettler, of powerhouse Los Angeles legislation agency Lavely & Singer, has defended a number of celebrities accused of sexual assault in the previous. He is pictured left with the agency’s founder Marty Singer in 2019

Prince Andrew's legal team run the risk of incurring the wrath of respected judge Lewis A Kaplan

Brettler will be taking on fellow legal heavy hitter, David Boies, during the hearing due to take place at federal court in New York on Monday

Prince Andrew’s authorized workforce run the danger of incurring the wrath of revered choose Lewis A Kaplan (left). His legal professional Andrew Brettler may also be taking over fellow authorized heavy hitter, David Boies, who’s representing Roberts 

Earlier on Monday – simply 4 hours earlier than the listening to was set to happen – Brettler filed a discover saying he can be representing the British royal.

Brettler acknowledged that he was showing ‘for the aim of contesting purported service of course of and difficult jurisdiction.’ 

It comes after the high-powered legal professional was employed to defend actor Armie Hammer, 35, earlier this yr towards allegations that the actor has cannibalistic fetishisms and sexually and bodily abused a girl throughout their four-year relationship. 

His different shoppers embrace director Bryan Singer who has been accused of sexually assaulting minors. 

In an interview with the Hollywood Reporter in May, Brettler spoke out towards the MeToo motion and mentioned there was an ‘assumption of wrong-doing simply based mostly on an accusation, even an nameless one.’

But in one other interview he mentioned that typically one of the best response ‘may be to lie low.’ 

‘Sometimes one of the best protection is to not do something, is to settle for the punishment or no matter choice it’s that the corporate made and keep quiet and higher your self as an individual. Make no matter apologies want to be made, privately,’ he mentioned. 

Hiring Brettler brings the formidable sources of Lavely & Singer – based by powerhouse movie star legal professional Marty Singer – onto Prince Andrew’s authorized workforce. 

Singer has been dubbed the ‘Hollywood lawyer who could make any downside go away.’

Among those that have turned to Singer throughout occasions of disaster have been Charlie Sheen and Bill Cosby.

 

In a car-crash 2019 interview with the BBC (above), Andrew claimed he had no memory of ever meeting Roberts

In a car-crash 2019 interview with the BBC (above), Andrew claimed he had no reminiscence of ever assembly Roberts

Prince Andrew walking with Jeffrey Epstein in Central Park, New York City in 2011 after the friends left Epstein's home in Manhattan

Prince Andrew strolling with Jeffrey Epstein in Central Park, New York City in 2011 after the chums left Epstein’s house in Manhattan

Jeffrey Epstein and Ghislaine Maxwell in 2000. Epstein was found hanging in his cell in Metropolitan Correctional Center in New York in August 2019 while awaiting trial

Jeffrey Epstein and Ghislaine Maxwell in 2000. Epstein was discovered hanging in his cell in Metropolitan Correctional Center in New York in August 2019 whereas awaiting trial

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