I think the 2012 ‘secret agreement’ was just a common or garden settlement agreement, or agreement in principle, a preliminary umbrella deal covering all potential RF claims. Settlements are almost always confidential
the RF didn’t want to appear on the witness stand and talk about the messages that were hacked - who would, even if they weren’t anything worse than a bit cringe ?
the paper wanted to settle, but wasn’t willing to give an apology as well as money until other cases were finished: it would prejudice the paper’s position in relation to them to be seen to apologise to another victim. It may not be just the RF who came to this sort of agreement , of course.
harry wasn’t as much affected (in volume terms) as others by the hacking. I think the testimony yesterday said he only had one message hacked, was his knowledge at that time. He was in Afghanistan, so somewhat out of the loop, and in any case no-one could talk to him in any detail about the individual settlements being reached gradually with Wills and others because they would almost certainly be covered by a confidentiality clause.
when H met M, and he saw the tabloids’ treatment of her, he saw red. It churned up all the worst memories of how his mother had suffered. He began fighting them on all fronts, and wanted wins. He became impatient with the 2012 process which no-one could talk to him about in
any detail. At some point he left that process and struck out on his own.
at some point in 2019 ish, it seems that W decided to cut his losses with the 2012 process in a different way. Litigation was still ongoing (maybe swelled by H’s new case) and would continue for years. W decided to take the cash and not wait for an apology. It might be this that spurred H into launching his own, separate case since it seems to me that an apology and sunlight were more important to him than money.
Again, because H was a separate litigant it would be more important than ever that those looking after the RF’s claims not talk to him about them.
Does this work at all?