Legal Analysis on Harry’s most recent court case

[MamoruHisaishi]

Here's a good article from the Guardian that provides legal analysis on Harry’s lawsuit against Rupert Murdoch’s newspapers.

https://www.theguardian.com/uk-news/2023/apr/27/has-time-run-out-for-prince-harrys-case-against-murdoch-press

@kirinm Please do continue with your fascinating analysis of a simple mistake I made on the 3/6 year limit. Nothing else I've said (based on media reports) has been incorrect.

Because of course, personal injury claims are nothing whatsoever to do with negligence.

Lol, settling out of convenience? I think most people would agree that William (and Kate) not wanting to publicize their private correspondence in a courtroom is not settling out of convenience.

OK, fair enough, there are many reasons to settle. Most ordinary folks would settle because the cost to go to trial would be prohibitive, yet the RF would have been able to afford it. Perhaps the royals have skeletons in their closet, perhaps not, but the RF have the money to have gone to trial if they wished. As a matter of principle, and could have been something good they did for the country. But I don't think the RF think that way, it's all about self-preservation. The convenience part is that they NEED them on side and would rather do what's convenient to keep the status quo.

Need the media on side for their survival, I mean.

michaelmacrae, have you ever been subject to a courtroom cross examination?

Most ordinary folks would settle because the cost to go to trial would be prohibitive, yet the RF would have been able to afford it.

With some exceptions, the people involved in the phone hacking cases were not 'ordinary folks' but wealthy celebrities. And the vast majority settled rather than go to trial. Elton John is way richer than William yet he accepted a settlement. Hugh Grant is also very wealthy and he took a settlement. And you couldn't accuse him of not taking the issue of phone hacking very seriously.

And if William had gone to trial, I don't doubt for one second that those saying he should have done so as he can 'afford it' would have been complaining about him using 'our money' when he could have done what almost everyone else had done and settled out of court.

As a matter of principle, and could have been something good they did for the country.

Why would it have been 'good for the country' to clog up the overburdened judicial system with a long running trial when an out of court settlement could be reached? Parties to these kinds of cases are always encouraged to seek a settlement for that reason.

And again, had William refused a settlement, I don't doubt that the same people complaining about him so doing would have criticised him for clogging up the courts and spending so much time on an unnecessary trial when he should be out serving the country.

The courts don't exist to enable people with lots of time and money on their hands to grandstand 'on principle'.

Do people really think that Sean Bean took a court case for the good of the country? I think he took it to punish the newspapers. And good for him. But I don't believe for one minute he was thinking of my personal freedoms.

The good that William did was figuring out that he was being hacked and reported it to the police. This was never hidden from the public. His actions helped to expose the wrongdoings of the media. William going to court to prove a point would not have done anything other than to add to the media circus because the media headlines would have been william’s private talks with kate. It would be like tampon gate all over again. The salacious details would be the focus instead of the phone hackings itself. And understandably, William wanted to avoid that and so did the other celebrities who also accepted private settlements. If anything, Harry should be acknowledging/thanking William, otherwise harry himself would never have known that he was being hacked.

Any one of the thousands of people that I met or was introduced to on any given day could easily have said: 'You know what, you're an idiot. I've read all the stories about you and now I hate you and am going to stab you'," said Prince Harry, in a witness statement for a court case that once again threatens to rewrite what we know about the Royal Family.

His statement, in a pre-trial hearing this week about phone hacking, is a remarkably frank self-portrait that veers from being angry, outraged and obsessive to often apparently being in a state of flight or fight.
Prince Harry believed his battles with the tabloid press put him at risk from a public that had been turned against him, depicting him, in his own words, as a "thicko", "cheat", "underage drinker" and "irresponsible drug taker".

https://www.bbc.com/news/uk-65425215.amp

Harry’s grievances seem to be more than just the phone hackings. He's also angry at his brother and father, and obsessed with his mother, so he keeps bringing them up even in his own lawsuits.

From Harry’s statement it seems to bother him that he's no longer popular or that people think he's dumb (lol). He doesn't like when the media reports negative stories of him even if they're true. I mean, I don't think it was the leaked phone conversations that made people think he was dumb or thick. Also the cheating bit was to do with a lawsuit that one of his teachers had, where she claimed that she helped him to cheat on one of his subjects that he was failing, as for irresponsible drug taker, Harry himself admitted to taking his own wife’s pain medication when she was giving birth so if the shoe fits?

I think the only thing that would satisfy Harry is that all the media will apologise to him (even if the stories were true and weren't obtained via illegal means). Where the media would treat him with deference and take his words as is without questioning him. Because reporting negative stories of him is apparently putting his life at risk. This is from the same guy who admitted in his book to keeping a kill count when he was in Afghanistan and comparing those he killed to chess pieces.

'You know what, you're an idiot. I've read all the stories about you and now I hate you and am going to stab you',"

Could be said by someone to King Charles or William having read Harry's book. I wonder if Harry thinks if that.

If the royal family made an enemy of the British press by suing them they would be crucified. The work they do to support their charities would not be reported, it would all be vicious gossip which the RF would have to live in a courtroom, trying to defend.

Sadly they are at the mercy of the press, make no mistake there. They are not friends with the press they are held hostage by them. They take the line of least resistance because to stand up to them would end the monarchy because their lives would be made hell. All celebrities court the press because the press have far more power than they or the monarchy do.

I don't read newspapers because of the muck raking.

Prince Harry believed his battles with the tabloid press put him at risk from a public that had been turned against him, depicting him, in his own words, as a "thicko", "cheat", "underage drinker" and "irresponsible drug taker".

I don't doubt that Harry genuinely thinks these things but it doesn't make sense. Even after these stories were printed in the newspapers, he was still one of the most popular members of the family, often coming second after the queen. So it didn't turn the public against him.
And he must have known that he has security because occasionally there were unpredictable people out there, nothing to do with the press.
No wonder he puffs away on his weed when the kids are asleep. He must be riddled with anxiety. Although does he know that it makes you paranoid?
I think he must be exhausting to live with.

@PollyPeptide I feel quite sorry for Meghan married to Harry. Someone so needy and so obsessed, must be exhausting

Thanks for that.

Exactly this.

And not only - they behave this way with politicans as well which makes for a very...weak (?) system of government.

Crazy.

I really think you should concede here - you have been outclassed.

As you said upthread "Unfortunately someone's behaviour is an indication or their character'.

I agree with you here.

The Royal Family could afford it.

I actually do think they are afraid of the tabloids. I mean, if they unleash their vitriol at them Gods knows where it would end up.

And in a way that is what makes this really disturbing - that the tabloids can muzzle very powerful people.

This might sound controversial but I would rather a free press that have the power to expose the wrong-doings and unethical behaviour of powerful people. Otherwise if powerful people have the power to muzzle the press, then there wouldn't be checks and balances against them. It would be like China, where the press is muzzled and only allowed to publish articles that's been approved by the government. I guess there has to be a happy medium, where the press reports on any illegal or unethical activities of politicians and royalty, but doesn't spread unverified gossip about them or hack into their personal information.

I don't understand what point you're trying to make. They're suing for money. I don't think anyone has had a full trial, have they? What would actually going to court achieve other than they'd get their money after a trial instead of before?

Murdoch trying to keep this out of court by a technicality, rather than the case actually be heard.

sadly most of the press coverage of H&M has been derogatory due to this legal matter, if you’re facing a court hearing you are not going to be printing nice stories about the people attacking you

Harry has absolutely no self awareness. Hes taking them to court for invading HIS privacy but he has no problem with invading his familys privacy to make a quick buck. Hes a bloody disgrace

Murdoch trying to keep this out of court by a technicality, rather than the case actually be heard.

Of course. Why would anyone facilitate someone suing them? Law is all about technicalities that's why judges need to be experienced and lawyers are so rich.

I've lost track of which case is which

If Harry's claim is ruled invalid because it was brought too late, does that end this action? Or does it still go ahead for other complainants but not Harry?

Which is exactly why the royal family have no choice but to have a truce with the press and hold back on legal action. Kate had her phone hacked over 150 times, but settled out of court. What could she do? Have her privacy blown out of the water even further?

Harry's case involves the phone hacking of his then girlfriends. Does he have their permission to drag them into this case? It would be nice to hear their POV. His book also outed his first lover and the school matron. He doesn't give a damn about other people. This case isn't about justice for others in his position, it's all about him and revenge.