Prince Harry's lawsuit against Sun publisher can go to trial, judge rules
The Duke of Sussex’s damages claim over allegations of unlawful information gathering against the publisher of the Sun will go to trial, a high court judge has ruled.
Prince Harry, 38, alleges he was targeted by journalists and private investigators working for News Group Newspapers (NGN), publisher of the Sun and the now defunct News of the World.
At a hearing in April, NGN asked Mr Justice Fancourt to throw out the duke’s case, arguing it was brought too late because he should have known sooner he had a potential claim.
In a ruling on Thursday, the judge concluded that Harry could not bring his claim relating to phone hacking, but that his claim over other allegations – including use of private investigators – should go ahead to a trial, due to take place in January next year.
The judge refused to allow the duke to rely on an alleged “secret agreement” between the royal family and senior executives working for media mogul Rupert Murdoch as part of his claim.
A spokesperson for NGN claimed Thursday’s ruling as a “significant victory”.
The judge, in his written ruling, concluded there was “no reasonable prospect” of Harry proving at trial “that he did not know and could not with reasonable diligence have discovered facts that would show that he had a worthwhile claim for voicemail interception in relation to each of the News of the World and the Sun.
“He already knew that in relation to the News of the World, and he could easily have found out by making basic inquiries that he was likely to have a similar claim in relation to articles published by the Sun.”
But the judge added that there was no evidence currently before him that the duke knew at least six years before the date he issued his claim “that NGN had done anything other than hack his mobile phone, at the News of the World.
“Knowing or being on notice of a worthwhile claim for voicemail interception does not of itself amount to knowledge or notice of a worthwhile claim for other forms of [unlawful information gathering],” the judge added.
Whether Harry should have known about other forms of unlawful information gathering was “an issue that should be determined only at a trial, with a fuller evidential picture”.
Harry’s lawyers previously argued that, while he was aware of unlawful activity in around 2012, he had no reason to think it had taken place at the Sun, and was prevented from bringing a claim because of a “secret agreement” between the royal family and senior NGN executives.
As part of this supposed deal members of the royal family would delay legal proceedings against the newspaper group in return for receiving an apology at a later date. NGN, which denies any unlawful activity took place at the Sun, disputed that such an agreement was in place.
The judge rejected Harry’s attempt to rely on the alleged agreement as part of his claim, ruling: “I am unable to conclude that there is a sufficiently plausible evidential basis for the new case based on the secret agreement to justify the grant of permission to amend at a late stage of the proceedings.”
The judge said the “lack of credibility” included “the improbability of a secret agreement being made” in the terms claimed, the “inconsistency” in the duke’s case, and “the absence of any other witness or documentary evidence to support it”.
A spokesperson for NGN said Thursday’s ruling was “a significant victory” that “dismissed the Duke of Sussex’s phone hacking claims against both the News of the World and the Sun”.
They said the judge had found Harry’s claims “in relation to the alleged ‘secret agreement’ were not plausible or credible. It is quite clear there was never any such agreement and it is only the duke who has ever asserted there was.”
The ruling “substantially reduces the scope of his legal claim. The exact nature and scope of any trial of the remainder will be the subject of further hearings.”
Fancourt ruled in May that a claim by the actor Hugh Grant in relation to the Sun over alleged unlawful information gathering – other than allegations of phone hacking – can go ahead to be tried next January.
NGN has previously settled a number of claims since the phone-hacking scandal broke in relation to the News of the World, which closed in 2011, but has consistently denied unlawful information gathering took place at the Sun.
Harry has been involved in six legal battles at the high court in recent months. His civil litigation has seen him bring claims against three major newspaper publishers over allegations of unlawful information gathering, as well as legal challenges against the Home Office in relation to his personal security.
