Prince Harry and another claimant continue legal action against The Sun’s publisher, High Court hears

The High Court was informed by the Duke of Sussex’s barrister that he is “one of two claimants” pursuing legal claims against The Sun’s publisher regarding accusations of unlawful information gathering. On Friday, the court heard that former Labour deputy leader Tom Watson is also proceeding with his claim against News Group Newspapers (NGN), following the settlement of 39 cases since a prior hearing in July. Both legal actions are anticipated to proceed to trial in January 2025. The 40-year-old prince asserts that journalists and private investigators employed by NGN, which also published the now defunct News of the World, targeted him. NGN has previously denied that unlawful activity occurred at The Sun. Both parties appeared in court again to request a judge’s ruling on preliminary matters before the 2025 trial. One such matter was whether Prince Harry should be granted access to emails exchanged between former NGN executives and members of the Royal Household from 2013 to 2019. David Sherborne, his barrister, stated that the emails were exchanged between five NGN employee accounts and five Royal Household employees, who were “involved in Royal Communications and the private secretaries to Her Majesty Queen Elizabeth II”. Mr. Sherborne contended that the emails would be “highly relevant in terms of providing the full picture not only as to the actual knowledge of the claimant but also as to the position in relation to constructive knowledge, based on what the Palace was being told by NGN”. The court was informed that former News UK chief executive Rebekah Brooks had already supplied some of the emails last year, but Mr. Sherborne asserted that these had been “cherry-picked.” These communications encompassed discussions between NGN and the Royal Household prior to Harry initiating legal action in 2019, as well as conversations concerning a potential apology from the publisher. Anthony Hudson KC, representing NGN, objected to the request, stating that the emails were “not relevant to the pleaded issues” in the prince’s case and were “not necessary to ensure a fair trial will take place.” He further mentioned that “extracting” these emails would incur a cost of £17,000. In a ruling, Mr. Justice Fancourt noted a “degree of speculation whether any of the documents sought are going to assist the claimant’s case,” but ultimately determined there was “sufficient justification” for a restricted quantity of emails to be supplied. He stated: “In all the circumstances, therefore, it seems to me that there is a limited category of documents where despite the element of delay, and despite the relative lateness of the application, there is a credible case for saying a full picture is necessary in the interest of justice.” The judge then added, “I will, however, limit the documents that are being sought.” The judge also commented that it was “unsatisfactory that so little progress has been made” and that “further work done on both sides” is required. The court was informed that the trial is anticipated to last between six and eight weeks, with an additional hearing scheduled for December. Among others who have settled their claims in recent years are actress Sienna Miller, former footballer Paul Gascoigne, and actor Hugh Grant. Grant had previously alleged that journalists employed private investigators to tap his phone and burgle his residence; NGN denied these claims. He stated in April that he “did not want to accept” the “enormous sum of money” he had been offered for a settlement, but a trial would likely be “very expensive.” An NGN spokesperson confirmed that the company issued an apology in 2011 to “victims of voicemail interception by the News of the World,” further stating that NGN had “publicly committed to paying financial compensation” and had subsequently “paid settlements to those with proper claims.” They also added: “It is common practice, and indeed encouraged in litigation, to seek to settle claims outside court where both parties agree without the cost of a trial.”