Duke of Sussex court case: key witness statement false

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I looked for another thread on this but didn't see one.

The story is about the case Prince Harry (and 6 others) are bringing against the Daily Mail (Associated Newspapers) for phone hacking. Back in July the claimants were told to reveal any payments that were made to witnesses in exchange for evidence; this seems more serious.

From what I can gather the main witness (Gavin Burrows) in the case was employed by the claimants' team over a couple of years to help research into the phone hacking by different organisations and to track down relevant people. He says he was asked on several occasions if he had worked for the Daily Mail and always denied it, and the first he knew of the current case was when he heard in 2023 that Baroness Lawrence had brought it based on his evidence.

Apparently Burrows wrote a statement at that time (2023) denying the claims and has now written a more detailed statement also denying the claims.

The claimants now don't want to call him as a witness (unsurprisingly) but do want to rely on (some of) his evidence as 'hearsay evidence'.
They also don't want Associated Newspapers to be allowed to call him as a witness.

Telegraph archive link
https://archive.is/YAjNq

I haven't heard before of 'hearsay evidence' being used like this - does anyone know the rules? How can it be tested?

True - but if costs are approx 50:50 split then - if they lose - they would have to pay their own costs plus ANL's costs which would leave millions of shortfall to pay

Personally I think they are going to lose a lot of money whether they win or lose. The Judge has already said that the costs are ridiculous - so even if they win the judge probably won't award full costs to be paid by ANL.

I think Chelsy has a better case that Harry but I read somewhere she didn't want to sue - it seems he has added that evidence to his claim although it only indirectly affected him.

I feel that a lot of Harry's ramblings in the witness box seem to be regrets at losing Chelsy

Part of Harry's claim was that there was no "public interest" in his relationships - yet he accepted a £30million public/state wedding

Meanwhile Harry is away at a Film Festival. How did Meghan not get in the middle?

others

I thought Harry might have stayed to support DL .

Is this to do with the movie about girl scout cookies that Harry and Meghan jumped onto?

Yes I was really surprised to see this. Maybe that was the purpose of his visit to her - so sorry but I need to go home to a film festival where I will get my photos taken🤷‍♀️

Why are the cost ridiculous? (As in the judge thinks they are more than is reasonable)

I'm surprised there is such a thing as insurance for civil court cases losses. How much would premiums be as they could be paying out millions?

It’s called ATE (after the event) insurance. They assess the strength of the case and decide if they’ll insure or not. No idea about premiums but lawyers will have assessed the strength of the claim and will regularly assess.

Looks like Sadie Frost is first to give evidence today,

Thanks @Lunde - took me a while to realise it was the same link.

Antony White, representing Associated Newspapers Limited, stands up to question Sadie Frost.
The actress is asked about 11 articles published about her, which she claims were sourced through unlawful information gathering.
Asked about the effect that it had on her, she says she "didn't have time to be reading articles and bringing up kids... it didn't help my mental health".
Frost says it's difficult to complain about articles due to the cost and "getting lawyers to act".
She says she was "advised that it wasn't worth complaining, nothing was ever done". At the time, Frost says, there was no evidence that the Mail had been hacking her voicemail.
"There was even a device in my car at one point... there was obviously a price on my head," she adds.

Her evidence seems a bit contradictory
...She didn't have time to read the articles at the time
...she didn't think there was any evidence that DM had hacked her phone

But suddenly she says there was a device in her car - does her case rest on the dodgy document?

Sadie Frost is asked about a series of articles showing her parents speaking to the press about her post-natal depression.
She says the stories had been in the press after her ectopic pregnancy in 2003. She was going through her divorce from actor Jude Law at the time.
Frost tells the court the articles came from conversations that were "hacked from my voicemails, and I know that 100%".
"One thing about voicemails is you have to choose your words quite carefully," she says.
"I would be very precise about what I was saying. That's how I knew a lot of the articles were about my voicemails to Jude [Law]."
Frost says the articles are evidence of her mother "just being doorstepped by somebody".
"My dad was dying in hospital and there were journalists ringing him," she adds.
Frost tells the court that the articles take her back to "such a horrible time".

So her parents were the sources for some articles?

edited to add - the comment relates to the new exchange below where her parents did speak to the press but she doesn't "think" anyone else did

'To have the man you love think you're leaking stories is awful'
Antony White asks Sadie Frost whether articles containing quotes from her family members were likely to have encouraged people in her social circle to do the same.
"I don't think friends in my social circle did speak to the press," she says.
Frost tells the court that her ex-husband Jude Law believed she was leaking information to the media.
"To have the man you love think you're leaking stories is awful," she says.
"Our relationship was ruined for many years."

Fairly logical line of questioning - friends might comment if they thought family members were.

It's not very clear (not sure if it's the reporting) if she's talking about the same articles when she says voicemails were hacked and her mother was doorstepped.

Sadie Frost is shown an article written in 2002 about her two-year-old daughter finding an ecstasy tablet on the floor at a venue in Soho during a party.
The article includes a quote from Frost to her friends, and that's something she says must have come from a phone conversation.
"I wasn't with any friends, I was isolated, holed up at home, distressed and trying to be a good mum," she says.
Frost cries as she recounts the facts and speaks about her daughter.
"This has been on my poor girl Iris's life forever... it's just so humiliating... it just made me so ill," she says.
"Thank god my daughter Iris, she knows, she's held her head up high."
A tearful Frost then asks Judge Nicklin for a break.

Isolated, holed up at home, not with anyone - but out at a party in Soho.

I would assume any comment was overheard in the club.

Tearful Frost asks for break after recalling 'distress' at article about daughter
Sadie Frost is shown an article written in 2002 about her two-year-old daughter finding an ecstasy tablet on the floor at a venue in Soho during a party.
The article includes a quote from Frost to her friends, and that's something she says must have come from a phone conversation.
"I wasn't with any friends, I was isolated, holed up at home, distressed and trying to be a good mum," she says.
Frost cries as she recounts the facts and speaks about her daughter.
"This has been on my poor girl Iris's life forever... it's just so humiliating... it just made me so ill," she says.
"Thank god my daughter Iris, she knows, she's held her head up high."
A tearful Frost then asks Judge Nicklin for a break.
.........................................................................

This is about her 2 year old daughter eating an ecstasy tablet from the floor - but was this private? I thought it occurred in a Soho nightclub that was being used for a children's' party

Great minds @Lunde

Isolated, holed up at home, not with anyone - but out at a party in Soho.
I would assume any comment was overheard in the club.

A kids party at the Groucho club - so full of other parents and staff - not to mention the child being taken to hospital so added drama

I can understand this being very upsetting at the time - yet it happened 24 years ago so I don't really understand the theatrics all of these years later,

Have the claimants all agreed to appear emotional?

Staff at the club could have leaked that story? Not exactly a watertight environment.

Frost says she would have 'cut out' friends who spoke to press
After a short break, Sadie Frost is back in the witness box to continue her evidence.
Antony White, representing ANL, asks about a spokesperson for Frost providing quotes about her relationship with Jude Law.
The article also includes reference to a friend providing quotes. She says she "wouldn't know for sure that would be a friend".
White then shows Frost a series of further articles including quotes from a publicist.
He asks whether the fact the publicist provided personal information meant it was more likely people in her social circle would do the same.
"I actually disagree with that," she says.
"A publicist's job is to put out statements... if a friend found out that another friend had given a quote, you'd be cut out of the circle of friends."