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The royal family

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Duke of Sussex & Others vs ANL: thread 5

876 replies

bluegreygreen · 09/07/2026 21:25

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

OP posts:
Thread gallery
41
binkie163 · 25/07/2026 21:28

But to have settled would have left the claimants with huge legal fees already accrued over the 7 years, it started in 2018, h 2019 and DL after him. I have forgotten the pretrial costs quoted but they were already extortionate according to Nicklin hence him trying to cap costs and warning the ate insurance would not come close to cover the costs.
KC will be a fool to pay, like paying off amw debts and silencing VG. It doesn't look good.

bluegreygreen · 25/07/2026 21:36

MeetMeOnTheCorner · 25/07/2026 21:19

@bluegreygreen Yes it’s true Sherborne and others have made a stellar living out of these cases and won a vast amount of damages for clients. It’s inevitable he and his Chambers would be the “go to” barristers and Harry would have known this. His solicitors instructed the barristers. They could have used different barristers but they went with the ones who have represented the big names because they themselves were big names. However they get a choice. To do nothing, to go to court and which barristers to use. They are not people with no access to advice but probably liked the success rate of Sherborne and the KCs at the chambers.

The claimants certainly will have had access to advice, and are people who had choice and agency, @MeetMeOnTheCorner.

The point I am making is that this is not a group of individuals who happened to come together, discover they had a common purpose, and then select their barristers.

These are claimants who were selected by a group of people who were campaigning against ANL, and who selected them specifically because of their histories. We know that because of documents that have been released during the legal process.

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Lunde · 25/07/2026 21:36

MeetMeOnTheCorner · 25/07/2026 21:19

@bluegreygreen Yes it’s true Sherborne and others have made a stellar living out of these cases and won a vast amount of damages for clients. It’s inevitable he and his Chambers would be the “go to” barristers and Harry would have known this. His solicitors instructed the barristers. They could have used different barristers but they went with the ones who have represented the big names because they themselves were big names. However they get a choice. To do nothing, to go to court and which barristers to use. They are not people with no access to advice but probably liked the success rate of Sherborne and the KCs at the chambers.

I'm sure Sherborne approaching Harry at a party at Elton John's holiday home in France in 2019, and giving a sympathetic ear to Harry's rantings problems with the press helped steer Harry to instruct him.

Harry instructed the same solicitors as Sadie Frost who had been discussing the possibility of suing the Mail with Hacked Off since 2016.

bluegreygreen · 25/07/2026 21:38

@binkie163 The case was filed in October 2022.

I agree that the costs were already high. As I said, I suspect Judge Nicklin's warnings were starting to sink in when the sudden flurry of attempts to settle occurred in December.

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binkie163 · 25/07/2026 21:40

Sherborn approached h 2019 and the others were already on board so I would think many hours had already clocked up before filing.

bluegreygreen · 25/07/2026 21:52

Good point @binkie163

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StartupRepair · 25/07/2026 21:57

The caper of using the Byline Times to plant articles seems to my lay person's eye to be actual fraud and manufacturing of evidence. Will there be any blowback from this?

MeetMeOnTheCorner · 25/07/2026 22:43

@Lunde Barristers are generally instructed by solicitors, not the claimant. Of course these claimants are going to want the high flyer barrister in this sort of case where he’s won many cases. But - one assumes there was evidence. In this case, ANL said they didn’t do what was alleged. Therefore the difficulty of getting evidence had to be overcome - hence an unreliable witness.

When it comes to highly specialised litigation (and the judge is a media specialist too) there’s not a huge choice at the very top of the tree - both for solicitors or barristers. Most high profile people won’t look very far - as many don’t for divorce!

AnAutumnCrow · 25/07/2026 22:56

Vespanest · 25/07/2026 21:01

A legal agreement would be used as proof of being silenced. As the royal family would be very unlikely to go to court on a breech of a legal agreement with Harry it really wouldn't be worth the paper it's written on.

I agree with you about Simon Hughes. I can understand that he’s still furious about Peter Tatchell and the press etc, but this was not the way to seek justice.

MeetMeOnTheCorner · 25/07/2026 23:02

For anyone interested. For defamation etc 5RB is the ONLY No 1 ranked set by Legal 500. DS is ranked 1. I’ve attached info from the Legal 500 web site. It is the set most likely to get this work from high profile clients.

Duke of Sussex & Others vs ANL: thread 5
Duke of Sussex & Others vs ANL: thread 5
Duke of Sussex & Others vs ANL: thread 5
jeffgoldblum · 25/07/2026 23:37

bluegreygreen · 25/07/2026 21:36

The claimants certainly will have had access to advice, and are people who had choice and agency, @MeetMeOnTheCorner.

The point I am making is that this is not a group of individuals who happened to come together, discover they had a common purpose, and then select their barristers.

These are claimants who were selected by a group of people who were campaigning against ANL, and who selected them specifically because of their histories. We know that because of documents that have been released during the legal process.

Quite right and very factual! , most of us , particularly yourself have followed this from the very beginning and didn’t just disappear or appear with Harry ! , we have seen and heard the evidence and with assistance from knowledgeable posters and diligent reading ( you particularly bluegreen ) have a fairly good grasp of exactly what has happened and what is currently likely to happen going forward.

jeffgoldblum · 25/07/2026 23:41

MeetMeOnTheCorner · 25/07/2026 22:43

@Lunde Barristers are generally instructed by solicitors, not the claimant. Of course these claimants are going to want the high flyer barrister in this sort of case where he’s won many cases. But - one assumes there was evidence. In this case, ANL said they didn’t do what was alleged. Therefore the difficulty of getting evidence had to be overcome - hence an unreliable witness.

When it comes to highly specialised litigation (and the judge is a media specialist too) there’s not a huge choice at the very top of the tree - both for solicitors or barristers. Most high profile people won’t look very far - as many don’t for divorce!

Without wishing to be rude @MeetMeOnTheCorner, is this your interpretation or your daughters? , is she personally involved in the case at hand or are you simply applying secondary knowledge to a case neither of you have knowledge of?

Puzzledandpissedoff · 26/07/2026 10:46

MeetMeOnTheCorner · 25/07/2026 21:12

@Puzzledandpissedoff Yes. An unrealistic attempt was made. I believe they all could have walked away though. We will never know if they were advised to do this or not. Perhaps they were but they certainly were very keen to have their allegations heard in court. Settlement doesn’t have to mean money - it can be an agreement to not pursue something further and not make further allegations.

I agree, MeetMeOnTheCorner, but don't expect for an instant that Harry would have been happy with anything but a payout, or that not pursuing his imaginary wrongdoers and resisting furthher outbursts would be acceptable to him - especially when he chose not to control himself on losing and attacked even the judge

Sooner or later we all have to learn that not everything can be done "our way", but sadly this seems to be a lesson he's unable to learn and here we are

DJPJ · 26/07/2026 12:57

Puzzledandpissedoff · 26/07/2026 10:46

I agree, MeetMeOnTheCorner, but don't expect for an instant that Harry would have been happy with anything but a payout, or that not pursuing his imaginary wrongdoers and resisting furthher outbursts would be acceptable to him - especially when he chose not to control himself on losing and attacked even the judge

Sooner or later we all have to learn that not everything can be done "our way", but sadly this seems to be a lesson he's unable to learn and here we are

This was exactly the point I was trying to make earlier. They could have walked away. It was always an option if ANL were refusing to settle - but there was no way hot headed grandiose, vexatious, spiteful and raging PH could stomach that. He is such a loose cannon he wanted his day im court regardless of the costs and the consequences because that’s how he has always lived his life - reactive, vengeful, bitter, bully.

MeetMeOnTheCorner · 26/07/2026 17:29

@Puzzledandpissedoff I do think Harry and the others wanted their day in court and money - undoubtedly. The pragmatic position is to consider your chances of winning though vs costs of losing. Virtually every case against other newspapers had been won. This time the evidence was not there so they clung on to the belief that if you are the great and the good, or even rather a has-been, you can throw enough mud and it will stick. The case was poor in that the claimants could not prove ANL did anything wrong but m, in their view, they must have done or they could not have got the stories . I’m sure Harry and the others thought their sob stories and anger was enough. That the stories had other plausible sources didn’t seem to trouble them.

However they wanted this to be heard in court and I cannot imagine Harry backing down for one minute. The others in some respects floated along on his wave and what fools they were. Unfortunately, once you go to court you have to put a case forward, a good one, or utter rubbish.

bluegreygreen · 26/07/2026 19:19

StartupRepair · 25/07/2026 21:57

The caper of using the Byline Times to plant articles seems to my lay person's eye to be actual fraud and manufacturing of evidence. Will there be any blowback from this?

Yes, I've been wondering about this - at the very least, whether ANL could bring a civil case against the people involved.
I put the question upthread but I think it got lost in another discussion that was going on:

We know that at a pre-trial hearing ANL were told to soften their language in their opening statement.
If I remember correctly, they were told not to include the term 'conspiracy' to deceive, as it was a serious allegation which they had not included in their original pleadings.
During the trial, they instead talked about 'limitation camouflage schemes', one of which was found true (SH case).

Given that Judge Nicklin has now ruled that there was a dishonest plan to 'present a later public point of knowledge' as the basis for the claim, also calling it a deception, would it be (at least theoretically) possible for ANL to pursue a case for conspiracy against Evan Harris, Graham Johnson and possibly Mark Thomson?

Any thought from legal people? @Serenster, would a civil case be possible? Or could it come under conspiracy to defraud? (I do realise this is most likely theoretical.)

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Justdancevance · 26/07/2026 19:44

They might prefer to hand over to the police for a criminal case.

In a law and order episode McCoy would go after them for conspiracy to commit fraud.

Lunde · 26/07/2026 20:09

MeetMeOnTheCorner · 26/07/2026 17:29

@Puzzledandpissedoff I do think Harry and the others wanted their day in court and money - undoubtedly. The pragmatic position is to consider your chances of winning though vs costs of losing. Virtually every case against other newspapers had been won. This time the evidence was not there so they clung on to the belief that if you are the great and the good, or even rather a has-been, you can throw enough mud and it will stick. The case was poor in that the claimants could not prove ANL did anything wrong but m, in their view, they must have done or they could not have got the stories . I’m sure Harry and the others thought their sob stories and anger was enough. That the stories had other plausible sources didn’t seem to trouble them.

However they wanted this to be heard in court and I cannot imagine Harry backing down for one minute. The others in some respects floated along on his wave and what fools they were. Unfortunately, once you go to court you have to put a case forward, a good one, or utter rubbish.

I think that the previous cases had led them to be a little arrogant and blasé about the ANL case. In the cases against the Mirror and News group they used the admissions of guilt made at the Leveson inquiry - but Dacre/ANL always denied wrong doing so ANL were not at a disadvantage and were prepared to fight.

Harry's won fewer than half of his cases against the Mirror - 15 of 33 - and was awarded £140,000 in damages ... so less than £10k per article. Harry declared himself a dragon slayer.

Harry settled at the last minute against the Sun (having derided William for settling) - as did Hugh Grant. Harry bigged up a "massive offer" - but we don't know how much. Then Harry interviews claiming victory - so you can see why ANL refused to settle and demanded the claimants "put up or shut up" in court.

MeetMeOnTheCorner · 26/07/2026 22:06

@Lunde Yes. That’s exactly what ANL did. However Harry and the others could have withdrawn the case. They decided not to. They did seem to believe their own narrative that had no evidence to back it up. There have been very many cases where other newspapers paid out and I think the claimants believed ANL were identical.

bluegreygreen · 26/07/2026 22:41

As you say @Lunde - the legal landscape was very different for the other cases.

It wasn't just that the News Group (NGN) and Mirror Group (MGN) had confessed to illegal practices at Leveson. There was evidence to show it.

Several of NGN's employees had been jailed for phone hacking (Goodman, Mulcaire, Coulson).
It also became clear during all the investigations (especially Operation Nigeria) that MGN were involved in unlawful information gathering, much of it via Jonathan Rees and his serving police officer sources. (The same JR who, as we previously discussed, denied working for ANL, and there was no evidence to show he had.)

So there was prior acknowledgement of guilt with the other 2 media groups. Even so, there was still a requirement to bring evidence in each case. Harry was not allowed to include his phone-hacking claims in his NGN case as the judge said he was out of time, though he was allowed to bring UIG claims. He settled in 2025.
Against MGN, as you say, he won 15 out of 33 sample articles in Dec 2023. Apparently there were 115 further articles he considered claiming for but settled with MGN in Feb 2024.

Wiki: News International phone hacking

Guardian 2011: Blagging - Jonathan Rees

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BasiliskStare · 26/07/2026 23:43

This to me is the biggest hint that H thought he was knocking at an open door because of previous settlements / awards of costs ( from his statement with DL after ANL case verdict ) -

"This judgment represents a complete reversal of the position which previous judges have taken in relation to the hacking claims successfully brought against both News Group Newspapers and Mirror Group Newspapers".

As @Lunde and others have said - this case was fundamentally different to the NGN and MGN cases. I think later in his statement H also referred to Nicklin being a barrister who had won cases against those different newspapers and implied this was perplexing. I'm inclined to think he thought this would be an easy win / payday without understanding the very pertinent differences between the different trials. Or he was on a dragon slayer roll. If he was talking about his wife's life being made a misery by the DM , when she wasn't even mentioned in any of the claims , well , it's a little indication to me he has his own version of things and assumes everyone will fall in line , facts notwithstanding .

I hope he has learned his lesson. Treating the courts as your personal playground is a more expensive hobby than polo 😊

bluegreygreen · 27/07/2026 09:39

Yes, @BasiliskStare, he clearly thought they were the same.

I think later in his statement H also referred to Nicklin being a barrister who had won cases against those different newspapers and implied this was perplexing.

No - Nicklin represented the media groups in those trials. PH and DL were implying that he was therefore biased in this trial.

This is the full text of the statement by Prince Harry and Doreen Lawrence:

We came to Court seeking justice and accountability. But we have received neither. This judgment represents a complete reversal of the position which previous Judges have taken in relation to the hacking claims successfully brought against both News Group Newspapers and Mirror Group Newspapers (who were represented by, at the time, the Judge who made this decision).

Generic findings about various private investigators that were held by the Courts in these parallel claims to have carried out unlawful activity at the very same time in relation to similar stories and well-known individuals have been wholly ignored. The fact that this Court has chosen to dismiss them represents an inconsistency which is hard to understand or reconcile with common sense, or the evidence heard in the court room itself.

It is a complete and obvious whitewash, but sadly not altogether unexpected. However, the lengths to which the Court has gone to exonerate the Mail is as shocking as it is totally unwarranted.

When the Court says there is not sufficient evidence of wrongdoing, despite the documents showing otherwise, then one does wonder how justice was ever going to be achieved. One need not look past when a private investigator the Mail used actually admitted on tape to having unlawfully blagged Baroness Lawrence, or when a journalist recorded the name of the private investigators she used to find out about highly sensitive medical information (that even the Mail was too worried to publish) or when another private investigator emailed one of the journalists with the actual British Airways seat number and ticketing details for a young girl simply visiting her boyfriend in return for payment.

It feels here like one rule for the newspapers and another for the claimants. While the Claimants presented evidence, Mail journalists simply gave denials, and the Court chose uncritically to believe them, even in the face of inconsistencies, contradictions and blatant untruths that were obvious to neutral observers in Court when compared to the documents.

We presented to the Court evidence which we believed was compelling at the time and remains so now.

We would like to thank our legal team for all their hard work and all the witnesses who were brave enough to came forward in the pursuit of justice.

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AnAutumnCrow · 27/07/2026 09:58

For legal reasons, we need to differentiate between Byline Investigates and Byline Times. I hope it's ok to bring across something I posted on another thread:

To paraphrase the Press Gazette, in his 7th July 2026 judgment in Lawrence & Others v Associated Newspapers Limited, the judge called a proposal involving the Byline Investigates website as 'improper and dishonest'. He ruled that this, alongside other strategies, was designed to artificially create 'watershed' moments to bypass the six-year statutory limitation period for privacy claims.

This what got Sir Simon Hughes into such a pickle during his evidence.

https://pressgazette.co.uk/news/prince-harry-mail-landmark-privacy-judgment/

It does need to be said for clarity that Byline Times and Byline Investigates are separate legal entities. However, both evolved out of Byline.com, whose own website says is a crowdfunding journalism platform launched in the mid-2010s to fund independent reporting outside the control of major media conglomerates. Despite their structural independence, they cross-promote as part of the wider 'Byline family'.

That 'structural independence' is very deliberate and very handy, in terms of that which Byline Investigates has been used to leverage in recent years.

Prince Harry privacy trial judgment: 'Overwhelming victory' for Daily Mail

Prince Harry loses Daily Mail publisher privacy case judgment. Outcome of 11-week trial featuring Harry, Elton John, Liz Hurley and others.

https://pressgazette.co.uk/news/prince-harry-mail-landmark-privacy-judgment/

bluegreygreen · 27/07/2026 10:20

Thanks @AnAutumnCrow - I hadn't appreciated that they were different entities.

So the articles were placed on the Byline Investigates website.

Graham Johnson works for/runs Byline Times, and was giving several of the witnesses payments / contracts for books/articles from there?

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AnAutumnCrow · 27/07/2026 10:40

bluegreygreen · 27/07/2026 10:20

Thanks @AnAutumnCrow - I hadn't appreciated that they were different entities.

So the articles were placed on the Byline Investigates website.

Graham Johnson works for/runs Byline Times, and was giving several of the witnesses payments / contracts for books/articles from there?

I'd certainly like to explore the connections when I've got some time to do it justice.