Lawyers for the Duke of Sussex and others were criticized by a judge today for trying to “shoot ‘trophy’ targets” as they lost a bid to drag Rupert Murdoch into his hacking trial against the publisher of The Sun.
Judge Fancourt said they were trying to “incriminate the man at the top” by attributing knowledge to the media mogul personally.
A trial is scheduled for next January to test claims by Prince Harry and more than 40 others that journalists working for News Group Newspapers (NGN) engaged in alleged illegal information gathering and invasion of privacy.
Earlier this year they asked the High Court for permission to amend their case and add new details, including the names of Murdoch, his son James Murdoch and senior company executives. They claimed Murdoch was personally involved in a cover-up of irregularities at NGN that was perpetrated “at the highest level”.
But in ruling against them today, Judge Fancourt said: “I find there is a desire on the part of those conducting the litigation on the plaintiffs’ side to shoot at “trophy” targets, whether political issues or high-profile individuals. .
‘This cannot become an end in itself: it only matters to the court to the extent that it is material and proportionate to the resolution of the individual causes of action. The trial is not an investigation.
Lawyers for the Duke of Sussex and others were criticized by a judge today for attempting to “shoot ‘trophy’ targets”
He said the allegations made against Murdoch add nothing to the case.
The duke was also denied a request to expand his claim to include allegations dating back to 1994, when Harry, 39, was nine, and as late as 2016. And he was denied permission to include the names of about 150 private parties. investigators, some of whom had no specific accusations against them.
The judge also refused permission for new allegations to be made against the NGN Management and Standards Committee and those relating to attacks on politicians.
The judge criticized the Duke’s legal team for attempting to introduce too many amendments at too late a stage, in what he described as a “very costly and time-consuming exercise”. He also criticized NGN for not granting enough minor amendments.
Judge Fancourt allowed the duke to make some changes, including amending his case “in principle” to name other journalists and “private investigators” and bring charges of “interception of landline voicemails.”
Judge Fancourt said they were trying to “frame the man at the top” by attributing knowledge to the media mogul personally.
He concluded: “I will therefore grant permission for some of the amendments which the Duke intends to make, but not for others.”
In a further blow to Harry, the judge said he had “failed to comply” with a court order made last year.
In July 2023, the publisher managed to have phone hacking allegations thrown out of Harry’s case. It meant that the duke’s case could only go to trial on the basis of other types of alleged irregularities.
Judge Fancourt said in his latest ruling: “I have concluded that the Duke has failed to comply with the July 2023 order because he has not removed from his complaint the facts alleged solely in relation to phone hacking… Therefore Therefore, the Duke must comply.” fully with the July 2023 Order if he intends to pursue his claim for these other alleged errors.
NGN denies all allegations, and its lawyers previously told the court that the new claims were a “cynical and defamatory attack” and were “designed to grab headlines” rather than advance the claims.
In 2012, NGN apologized for widespread phone hacking by journalists at the News of the World, which Murdoch shut down amid a backlash.