Duke of Sussex & Others vs ANL: thread 5

[bluegreygreen]

This is the fifth thread discussing the case Prince Harry (and 6 others) brought against the Daily Mail (Associated Newspapers Limited; ANL) for alleged unlawful information gathering (UIG).
The claimants were: Prince Harry (PH); Doreen Lawrence (DL); Liz Hurley (EH/LH); Elton John (EJ); David Furnish (DF); Simon Hughes (SH); Sadie Frost (SF). They were represented by David Sherborne (DS).
The defendant (ANL) was represented by Anthony White (AMW).

Judgement was handed down by Judge Nicklin on 7th July 2026.
All claims were dismissed.
Links to the summary and full judgement are below.
We are currently awaiting decisions around costs, with the next hearing due on 29-30th July.

The threads to date were thorough discussions of the evidence (so far as we were able to obtain it), with posters giving links and explaining their views.
Following the judgement, we discussed the judgement itself, the reaction, statements made by different parties and ongoing relevant issues.

We have mostly kept things civil by avoiding more general discussion on Royal Family members, which can become partisan, and trying not to be derailed from the main topic of the thread.

We have occasionally included (when things slowed with the title case) other cases or discussions with a specific theme of free speech/press freedom, particularly when related to those with money or power preventing others from speaking.

Links to previous threads
Thread 1
Thread 2
Thread 3
Thread 4

There was limited direct reporting from court after the celebrities gave evidence; what there we followed on this link
Sky news link to court case

Summary judgement

Full judgement

This is from the BSB and explains the possible fee arrangement and what fees cover.

I wonder!

I’m surprised we haven’t heard more from Harry on the whole debacle to be honest, other than his appalling statement.

I think it’s one of three - maybe a combination.

firstly he’s absolutely embarrassed and hoping that by stopping talking about it people will forget asap.

secondly, he’s still trying to get back in with the RF and at some point last week one of the MIGS or indeed his father made it very clear that if he keeps digging the hole deeper then there will be no meetings with the king.

thirdly, Sherborne or one of the other claimants - maybe Elton - has pointed out that shooting his mouth off before the costs are agreed could be a very expensive mistake indeed, and perhaps even that if Harry makes it all worse by his actions then he may get a bigger share of the bill.

He was so foolish, so very foolish, shooting his mouth off like that, and dropping himself and Doreen Lawrence even further in the deep doo-doo. I find it hard to comprehend that level of rashness without invoking the spectre of white powder - but yet, as others have said, the words used cannot have come out of his own brain. I don't think they came out of DL's either tbh. There's a legalese detectable.

As you say, a conundrum with multiple strands.

What ground! , this thread is one in a longstanding series, we have all been following this case since the beginning! , although having posters with knowledge is helpful, it’s not essential when we are all just speculating at this point!
and I’m not sure having a daughter who is a solicitor or barrister makes you anymore qualified than someone who’s husband is a barrister or @Serensteran actual solicitor.

I think I have read the bulk of that article before because there was some talk of MAH not staying with Elton John because they were on the outs since some incident with Harry badmouthing them on a plane. Or something.

It's all blurring into one to be honest!

So might just be Sky farming the engagement clicks rather than anything actually new.

Yes that was the rumour and ham definitely haven’t been invited to any events since! , it’s interesting that it’s been picked up by sky because it’s originally from someone I wouldn’t normally think is fully reliable!

The article that was linked upthread from the Times on 10th July (I think by @HoldMyWine?) certainly suggested that some of the claimants were unhappy with PH and DL after that horrendous outburst.
https://www.thetimes.com/article/114e44d8-d2a4-49db-9af3-ce7818fdc8b6?shareToken=910f3fbf46c8578627fae47dde9b3894

@Lunde re Is there any risk for Sherbone that it is clear he was involved in persuading Harry to start his case rather than waiting for contact from Harry's solicitor?

I don't know the answer to this, though I suspect not.

I am interested in the timing, in that Harry changed from his previous legal team to Sherborne in the middle of a legal case (the case against NGN, which he was taking jointly with William).
Is there usually anything in conduct rules to suggest that you don't 'poach' clients in the middle of a case? Or does it not matter as long as everyone is clear about lines of responsibility?

I could be wrong @bluegreygreenbut I’m sure it was explained that it’s more a “not the done thing “ than an actual rule, as long as everyone is ok with it , I think it’s alright.

Thanks @jeffgoldblum - that makes sense

Of course who if not lawyers would know how to do as they wish, without technically breaking the law! 🤷‍♀️

Who’s words do you think they were?

Press Gazette today, talking about the case and PH and DL comments:

Louis Charalambous, who has acted for both claimants and publishers in high-profile defamation cases, told the Press Gazette podcast: “He has impugned the integrity of Mr Justice Nicklin, I think unfairly, and it’s really beyond the pale.”

Press Gazette

It also links to their podcast which has more discussion from the media lawyer so may be good (I haven't listened yet).

@DJPJ His American advisers. You can say all sorts of things about judges in the USA. Bests me why anyone would say what he said as he’s a costs hearing coming up. They won’t go quietly though.

Thanks ! I will look 👀

The wording is very reminiscent of his bbc interview! , wonder if it’s the same person?? 🤔

@bluegreygreen

thanks for the link to the Press Gazette article.

this made me laugh out loud.

“He was like: ‘well, I suggest to you, Miss Lampert, that it was from phone-hacking. And I just said, ‘whose phone do you think I hacked?’

“And he said, well, Thames Valley Police. And at that point the judge said: ‘Are you seriously suggesting that Miss Lampert hacked the police?’”

I agree @Thedom, just shows what a farce the whole thing was.

Can’t wait for the docusoap on this trial, it will be a laugh a minute.

At a guess, someone inside the Sussex PR machine who's polished H's turd of a private reaction.

It's a much bigger machine than I thought prior to the events of the past 10 days. Goodness knows how much it has cost HaM to keep it afloat these past ten years. It's sinking, though.

But can you imagine being the journalist, who has had this stress hanging over you since 2022, and then to find yourself being asked ridiculous questions like that in court?

When the stress wore off a bit I'd be furious.

The Press gazette article is great thanks @bluegreygreen.

Reading this you can sort of feel chunks of what you might call the establishment finally abandoning their deference towards Harry.

I do hope Judge Nicklin allows himself the odd comment when it comes to costs.

Exactly. I hope this is reflected when Judge Nicklin awards costs.

The latest 'The Rest is Entertainment' podcast is interesting on this. If Harry and Elton Jesus hn said they would both underwrite this to Doreen Lawrence then Harry surely can't back out.

If the Elton story is true I think we can deduce that Pa is not going to cough up for his darling boy .

I hope my children don't grow up to be absolute twats but even if they do, and even if it's entirely of their own making, I have to say I'd find it very very hard to sit back and watch them get ruined when I could help.