On Friday, Prince Harry’s lawyer David Sherborne was in a London court for yet another hearing in the long-running lawsuit against News Group Newspapers (NGN), publishers of The Sun, the Times of London, the Sunday Times and the now-defunct News of the World. Harry was part of a 31-person class-action lawsuit against NGN for their criminal activity, from hacking to blagging to paying private investigators to dig up information. At Friday’s hearing, Sherborne revealed that Harry and Labour leader Lord Watson are now the only two litigants remaining, and that everyone else had taken out-of-court settlements. Harry is potentially on the hook for millions in legal fees if this case goes sideways, but I think it’s fascinating that he has refused to take any and all settlement offers thus far. As it turns out, the hearing was about more than just setting a court date (in January). The judge ruled that Harry could use emails from courtiers and NGN executives in his case.

The Duke of Sussex can use further emails between executives of the publisher of The Sun and members of the Royal Household in his legal claim against the organisation, a High Court judge has ruled. Harry, 40, is suing News Group Newspapers (NGN) over allegations he was targeted by journalists and private investigators working for the publisher, which also ran the now-defunct News Of The World.

Barristers for both sides returned to court in London to ask a judge to rule on preliminary issues before the trial in the two remaining cases, scheduled for January 2025, including whether Harry could be given access to emails between former NGN executives and members of the Royal Household between 2013 and 2019. In a ruling, Mr Justice Fancourt said there was a “degree of speculation whether any of the documents sought are going to assist the claimant’s case”, but ruled there was “sufficient justification” for some of the emails to be provided.

He said: “In all the circumstances therefore, it seems to me that there is a limited category of documents where despite the element of delay, and despite the relative lateness of the application, there is a credible case for saying a full picture is necessary in the interest of justice. I will however limit the documents that are being sought.”

David Sherborne, for Harry, had asked for the green light to see “relevant emails sent between five email accounts of NGN employees and five employees of the Royal Household” between January 2013 and September 2019, which he said would be “highly relevant” to the case. The NGN employees included Rebekah Brooks, the chief executive of News UK from September 2015, Robert Thomson, the chief executive of News Corp from 2013, and Mike Darcey, the chief executive of News UK until September 2015. The Royal Household employees “are those involved in Royal Communications and the Private Secretaries to Her Majesty Queen Elizabeth II”, the court was told.

He said: “Emails between NGN and the Palace would be highly relevant in terms of providing the full picture not only as to the actual knowledge of the claimant but also as to the position in relation to constructive knowledge, based on what the Palace was being told by NGN.” The court heard that some of the emails had already been provided by Ms Brooks as early as April last year, but Mr Sherborne said in court that these had been “cherry-picked”. These emails included contain discussions between NGN and the Royal Household before Harry began legal action in 2019, and included conversations about a possible apology being made by the publisher.

Mr Sherborne said that the further emails, as well as searching for 12 search terms within the communications of the 10 individuals, “are highly likely to be relevant” and may lead the court to draw “inescapable inferences”. NGN opposed the bid, with its barrister, Anthony Hudson KC, describing it as “disproportionate, time-consuming and costly” and that “extracting” the emails would cost £17,000.

[From The Evening Standard]

I have no idea if “the emails would cost £17,000” was intended as a laugh line, but I find it hilarious. NGN has, in recent months, shelled out millions of pounds, if not tens of millions, to settle the claims of 39 other litigants. NGN and Prince Harry have already spent millions in legal fees. And now NGN’s lawyer is quibbling over £17,000 in office fees to look for emails using certain keywords? It’s honestly worse than that – when the current CEO of the Washington Post, Will Lewis, was a chief executive for NGN, he apparently told everyone to delete everything and wipe their hard drives on a regular basis. Maybe the £17,000 is what a seance costs. Still, Harry will probably be able to get some of the emails and I bet those will be pretty damning. The ginger has been in fact-finding mode for years now

Meanwhile, the Telegraph is more explicit with who is actually being implicated in these emails – the Telegraph says, outright, that the emails will show that Harry’s father, King Charles, “acted to discourage and stymie him” in pursuing this lawsuit against NGN. There are also parameters for which communications are being sought – emails between NGN executives and senior palace courtiers in the time frame between January 2013 and September 2019. All post-Leveson. Harry wants all of the emails of Christopher Geidt and Edward Young, who were Queen Elizabeth’s private secretaries during that time frame.

There’s some talk about whether Harry will eventually have to settle as well – at some point, it’s very likely that NGN will offer a sum which is simply too big to refuse. I don’t think we’re there yet, but if that day comes, I will not blame Harry. He has taken this much further than anyone could have imagined.

Photos courtesy of Avalon Red, Backgrid.