Prince Harry was yesterday accused of turning his High Court case against the publisher of The Sun into a “public inquiry” as he faces four days in the witness box.
The Duke of Sussex will return to Britain in the New Year to give evidence at the eight-week trial.
He faces a huge legal bill even if he wins, as he has suggested he has turned down offers to settle the case out of court.
Actor Hugh Grant, a co-plaintiff in the case, settled for “a huge sum” earlier this year, saying he would otherwise face £10m in legal costs.
At the time, Harry’s lawyer said the duke faced the same “impossible” pressures and could also be “forced” to settle.
But last week, Harry pledged in a public interview to “get this done,” even if the amount he wins in court is “a hundred times” less than his settlement offer.
The publisher, News Group Newspapers (NGN), denies any wrongdoing. His KC, Anthony Hudson, accused the duke of doing something “that is not legitimate”.
Harry and his only remaining co-plaintiff, Tom Watson, the former Labor vice-president, allege that journalists from The Sun and the defunct News of the World illegally obtained their private information.
Duke of Sussex to return to Britain in the New Year to give evidence at eight-week trial
Harry and his only remaining co-plaintiff, Tom Watson (pictured), the former deputy Labor leader, allege that journalists from The Sun and the defunct News of the World illegally obtained their private information.
Mr Hudson told a pre-trial hearing yesterday: “This is not about the trial of these individual claims, certainly not the duke’s.” It is about something very different. It is almost by definition a public investigation. That’s what you’re trying to achieve. We say that is not legitimate.”
He gave the judge a transcript of the interview Prince Harry gave last week in New York in which he stated that his goal was to achieve “accountability” rather than resolve his case. Harry told the audience: “One of the main reasons for doing this is responsibility, because I’m the last person who can really pull it off.”
Hudson told Judge Fancourt: “This shows what’s really going on here.” We say the answer is to focus on the issues raised in the duke’s claim.
It is essential that this happens, so that my client can have some semblance of a fair trial.’
David Sherborne, for Harry and Lord Watson, is due to respond to these specific points in his submissions on Tuesday, but claimed on Monday that NGN was guilty of illegal activity and that its position was “a transparent attempt to avoid evidence of systemic illegal activity”. .
As for the trial schedule, the judge was told Harry faces between two and four days on the witness stand being cross-examined by the newspaper group’s attorney.
Harry pledged in a public interview to “get this done,” even if the amount he wins in court is “a hundred times” less than his settlement offer; He is pictured arriving at the Royal Courts of Justice on March 30.
It will be the duke’s second appearance in the courtroom, after he gave evidence in 2023 before the same judge who sued Mirror Group Newspapers alleging phone hacking.
After winning that case, Harry declared himself a “dragon slayer” and vowed to continue his crusade against the press.
At the retrial, the duke will be questioned about his claims that NGN newspapers used illegal techniques to obtain information about him.
He alleges violations of his privacy in at least 30 articles written about him, including the day he discovered he had been accepted to Eton in 1998.
A further 39 claimants, including Hugh Grant, who had joined Harry in the current leg of the managed group action, settled out of court and only the duke and Lord Watson are pursuing the case.
In the early stages of his case, Judge Fancourt dismissed Harry’s phone hacking allegations last year because the duke had waited too long before launching his legal case. Harry had protested that a “secret agreement” by Buckingham Palace had prevented him from bringing his case earlier, but the judge ruled that such an agreement was “implausible” and rejected Harry’s bid to use it as a reason for his late claim.
Lord Watson (pictured) and Harry are the only two pressing forward with the case against The Sun editor.
Then, two months ago, his claims that The Sun had planted “spying” and “tracking” devices were also dismissed. Judge Fancourt said Harry had not provided “any details” to support these claims against the newspaper.
The duke proceeds to trial on the basis of other types of illegal information gathering he alleges. He will be the main witness in his case, and another, unnamed, person will also give evidence to support his specific case, the court heard.
The newspaper has some 65 witnesses prepared, including the News of the World’s infamous “fake sheikh” Mazher Mahmood, the court was told.
Harry rarely visits the UK, since leaving royal duties to move to the US in 2020. He was last here in September for the Well Child charity awards. He claims his safety is at risk when he visits Britain because the Home Office stripped him of his automatic police protection. He is still suing the Home Office over this complaint. After losing his High Court bid to get his police bodyguards back, he will ask the Court of Appeal in April to overturn the ruling.
In his interview last week, Harry said: “I should never have removed security in the first place.” It is surprising when you go through this litigation, in which I have become a professional.”
The court has not yet set any dates for Harry’s days on the witness stand.