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Prince Harry, along with six other prominent individuals, has been ordered to make an initial payment amounting to £9.54 million toward the Daily Mail publisher’s legal costs after losing their privacy case in the High Court. This group of claimants includes notable figures such as Sir Elton John and Liz Hurley. The payment must be made by 28 August, with the potential for further costs reaching up to an additional £25 million, marking a significant win for Associated Newspapers Limited (ANL).
The group’s lawsuit accused ANL of unlawful information gathering, allegations which the publisher vigorously denied throughout the proceedings. On 7 July, Mr Justice Nicklin dismissed these claims, ruling that the claimants failed to substantiate their accusations. The judge made an exceptional costs order, requiring the Duke of Sussex and the other six claimants to cover up to £34.5 million of ANL’s legal expenses. This decision was influenced by the nature of the case, including unfounded allegations that senior executives from the newspaper group had lied to the Leveson public inquiry.
Those involved alongside Prince Harry are Sir Elton John and his husband David Furnish, Sir Simon Hughes, Sadie Frost, Liz Hurley, and Baroness Doreen Lawrence. The claimants have until 2 October to decide whether to appeal the decision. The judge also ruled that the costs to ANL would be calculated on an indemnity basis, a method more favorable to the publisher, enhancing the amount it can recover—except where previous orders applied.
While the claimants had insurance coverage of up to £16.2 million for ANL’s costs if they lost, the recent ruling allows the newspaper group to seek reimbursement of the full £34.5 million spent defending itself. This exposes Prince Harry and the others to a possible bill of around £18 million. However, Justice Nicklin described the requested sum as “excessive,” suggesting that the final figure will be lower. He stated, “I regard a claim for costs in excess of £34 million as, on its face, excessive and as giving rise to real concerns as to whether all of the costs now claimed by Associated were reasonably incurred and are reasonable in amount.” Despite this, he declined to set a cap on recoverable costs, explaining that doing so would risk unfairness and arbitrariness.
The judge also criticized the claimants for failing to withdraw any serious allegations voluntarily, highlighting the ongoing harm such claims can cause. He noted, “Serious allegations of criminality or grave impropriety cannot properly be left hanging over individuals in that way,” adding that it was “unreasonable to a high degree” not to clearly disavow unsupported accusations throughout the case. In reaction, the publisher described the decision as “a devastating critique of an attempt to destroy a newspaper and the reputations of its journalists, editors and executives.”
This legal judgment coincides with recent news that Prince Harry and the Duchess of Sussex plan to return to the UK, enrolling their children, Prince Archie and Princess Lilibet, in school for September. The trial itself saw extensive testimony from dozens of witnesses, including the claimants and numerous current and former journalists and executives from Associated Newspapers, who denied any illegal conduct. Sir Simon Hughes expressed his disappointment at the ruling and said he was considering appealing. Meanwhile, Prince Harry and Baroness Doreen Lawrence issued a joint statement asserting, “We came to Court seeking justice and accountability. But we have received neither,” describing the outcome as “a complete and obvious whitewash.”
Initially, ANL requested an interim payment exceeding £9.9 million to cover part of its ongoing legal costs, while the claimants’ lawyers argued this should be closer to £7.9 million. Nevertheless, Mr Justice Nicklin ruled that the claimants must make the payment by 28 August in advance of further hearings to establish the full extent of costs
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