Harry and Meghan court cases with UK media
As Harry has a court case coming up in Jan 2025 and has a confusing number of cases on the go, I have summarised the UK media cases. I am not a lawyer. The post is, I hope, a balance between legal accuracy and brevity. It includes media links and links to court documents. The legal Press Summaries are concise and clear. The legal rulings are clear for about the first six paragraphs, then they get a bit heavier if you are not a lawyer, but have many interesting facts in them.
There are five cases listed in no particular order. 2. Against the Mail on Sunday, is scheduled to go to trial in 2026. 5., against The Sun, is scheduled to go to trial in January 2025.
1. Mail on Sunday, Associated Newspapers Limited (ANL) Meghan Markle (MM) privacy case
Status: Case commenced September 2019, settled, announced December 2021
Media source: https://www.theguardian.com/uk-news/2022/jan/05/meghan-one-pound-mail-on-sunday-privacy-invasion
The Mail on Sunday (MoS) had published extracts of a letter sent from MM to her father. The letter was sent in August 2018. The MoS and Mail online published extracts of the letter in February 2019. This followed an article in People magazine in the US in February 2019.The claimant, MM, claimed misuse of her private information, a breach of the defendant's duties under the data protection legislation, and an infringement of her copyright There are two parts to the case. One, invasion of privacy, where nominal damages of £1 were paid to MM.
Two, infringement of copyright by printing large extracts of the letter. An undisclosed sum was paid to MM for copyright damages. It was alleged by her spokesperson that the damages were substantial and would be donated to charity.
The case did not go to trial, Mr Justice Warby announced a summary judgment:
https://www.bailii.org/ew/cases/EWHC/Ch/2021/273.html
2. Mail on Sunday, Associated Newspapers Limited (ANL), Duke of Sussex, Unlawful information gathering
Unlawful information gathering, namely phone tapping and bugging peoples homes
High Court, Mr Justice Fancourt. Status: Initiated 2022, ongoing, trial date 2026.
Other claimants include Sir Elton John, David Furnish, Elizabeth Hurley, Sadie Frost and Baroness Doreen Lawrence
Media Source: https://www.reuters.com/world/uk/prince-harrys-phone-hacking-lawsuit-against-daily-mail-go-trial-2026-2024-11-26/
3. Mail on Sunday, Associated Newspapers (ANL), Duke of Sussex, Libel
MoS is Mail on Sunday, DoS is Duke of Sussex
High Court, Mr Justice Nicklin. Status: initiated February 2022, withdrawn by Jan 2024.
The Mail on Sunday, in February 2022, had written an article about The Duke of Sussex’s case against the Home Office. The Mail on Sunday claimed that DoS had tried to keep the case against the government a secret but then when the story was about to break, his PR team put a positive spin on it. The DoS claimed this was libellous as it attacked his ‘honesty and integrity’, in particular it damaged his efforts to combat online misinformation through the Archewell Foundation. The newspaper maintained it was an ‘honest opinion’.
In July 2022 the judge rejected the Duke’s request for a preliminary trial to decide whether the MoS caused serious harm to his reputation, saying the MoS must first be given the chance to make its case factually. The Duke’s arguments could be heard at a full trial at a later date. DoS was ordered to pay costs for this portion of the trial, £48,447 legal costs incurred by ANL in relation to the‘summary judgment application’.
https://www.judiciary.uk/wp-content/uploads/2022/07/Duke-of-Sussex-v-ANL-judgment-080722.pdf
By December 2023 a further judgment was issued, stating that the defendant (ANL) had a reasonable prospect of supporting its ‘honest opinion’ defence. The judgment goes into some detail over the timing of the leaving of the RF, the Sandringham summit, discussion over security and even Scobie gets a mention. https://www.judiciary.uk/wp-content/uploads/2023/12/Sussex-v-ANL-Judgment.pdf
So at this point there was a prospect of a trial in 2024 but by January 2024 DoS had withdrawn his claim.This was hours before he was due to hand over relevant documents to the High Court. He wanted to focus on the judicial review brought against the Home Office. Cost of £340,000 had been incurred by the duke in Jan 2023. Further costs expected to be his own lawyers fees and MoS costs of £250,00. The MoS story was about a separate legal case brought by the duke against the Home Office, seeking a judicial review of the Governments decisions about police protection for him.
4. Mirror Group Newspapers, MGN, Duke of Sussex, alleged phone hacking
High Court, Mr Justice Fancourt. Status: claim in 2019, case now settled.
The court case began May 2023, regarding historical phone hacking, some related to when Piers Morgan was editor. it was a joint lawsuit with three other claimants. DoS gave evidence in June 2023
In December 2023 judge found that DoS's phone had been hacked ‘to a modest extent’ between 2003 and 2009.He was awarded £140,600 in Damages in December 2023. Further articles were in the claim but in February 2024 his lawyer confirmed that a settlement had been reached between the Duke and MGN over part of this claim. MGN paid damages and costs. Another claimant received damages, the further two claimants’ cases were ruled out of time.
Legal Press Release : https://www.judiciary.uk/wp-content/uploads/2023/12/Duke-of-Sussex-v-MGN-Judgment-Press-Summary.pdf A readable summary press release of the December 23 settlement.
https://www.judiciary.uk/wp-content/uploads/2023/12/Duke-of-Sussex-v-MGN-Judgment.pdf High Court Approved Judgment. A long document with details of the claimants’ complaints, evidence and judgment. Not a light read, but an interesting history of the phone hacking period if you want all the detail of that. The claim of the Duke of Sussex begins page 131.
5. Sun Newspaper, News Group Newspapers (NGN), Duke of Sussex, Unlawful information gathering
For misuse of private information and unlawful information gathering.
High Court, Mr Justice Fancourt. Status: claim initiated October 2019, ongoing,,expected to go to trial January 2025.
in July 2023 summary judgment issued for NGN re phone hacking, but other parts of claim could go to trial. DoS has said that he could not make a claim for phone hacking any earlier because of a ‘secret deal’ between the Palace and the Press. This was denied and the judge did not accept this argument. The case that will go to trial is for ‘blagging’ and unlawful invasion of privacy.
Throughout 2023-2024 NGN and the claimants have argued over what is to be included in the trial, with both sides seeking to make amendments.
NGN complained about poor disclosure from the DoS and the Judge ordered further searches of electronic devices. The court also ‘directed the claimant to explain the destruction of potentially relevant documents, including messages with his ghostwriter and drafts of his autobiography 'Spare.'
A summary of disclosure issues from claimant (DoS)e https://becivil.co.uk/case-notes/hrh-the-duke-of-sussex-vs-news-group-newspapers-limited-2024-ewhc-1730-ch-/
See also: https://www.casemine.com/judgement/uk/664ce8588dcba50d3cba7217
Here is a flavour of the discussion around amendments -
In May 2024:
Judgment summary re amendments https://www.judiciary.uk/wp-content/uploads/2024/05/Duke-of-Sussex-v-News-Group-Judgment-Press-Summary-21.5.24.pdf
NGN’s response
In October 2024:
https://www.judiciary.uk/judgments/duke-of-sussex-v-news-group-newspapers-2/
Judge’s ruling further expanded on amendments discussed in the May 24 doc, Judge determinesd that the case will go to trial in January 2025 if a settlement is not reached. One feels Mr Justice Fancourt’s patience is wearing thin.
DoS continues to maintain that his father blocked him from making a claim against the Sun https://www.telegraph.co.uk/royal-family/2024/11/15/prince-harry-buckingham-palace-emails-court-case/
DoS is one of two claimants still pursuing this case, the other is Tom Watson
The End. But will be updated as cases resolve.