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Prince Harry arriving at High Court in June 2023© Getty

Prince Harry loses latest court bid to include Rupert Murdoch allegations in phone hacking claims

The Duke of Sussex's claim against NGN is currently set to go to trial in January 2025

Danielle Stacey
Online Royal CorrespondentLondon
May 21, 2024
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The Duke of Sussex cannot extend his legal action against News Group Newspapers (NGN) to include new allegations against Rupert Murdoch, a High Court judge has ruled.

Prince Harry and actor Hugh Grant are suing NGN, publisher of The Sun and the now-defunct News Of The World, over alleged unlawful information-gathering.

On Tuesday, Mr Justice Fancourt ruled the new claims against "trophy targets" such as Mr Murdoch and other senior NGN executives could not be taken to a trial scheduled for January next year, stating they added "nothing material", but said some other amendments could be made.

He added: "I also consider that there is a desire on the part of those running the litigation on the claimants' side to shoot at 'trophy' targets, whether those are political issues or high-profile individuals. This cannot become an end in itself: it only matters to the court so far as it is material and proportionate to the resolution of the individual causes of action. The trial is not an inquiry."

Barristers representing various individuals suing the company claimed earlier this year that Mr Murdoch knew of unlawful activity as early as 2004 but "turned a blind eye" to the accusations while overseeing a "culture of impunity" at the publisher.

They asked the court to update parts of their case after the release of further information and to change parts of the Duke's claim to include allegations that NGN unlawfully gathered private information on the 39-year-old from the age of nine.

NGN denies the accusations, with its lawyers previously telling the court that the new claims were a "scurrilous and cynical attack".

Rupert Murdoch© Getty
Rupert Murdoch was executive chairman of News Corp and director of NGN’s parent company and News Corp’s subsidiary, News International, now News UK, at the time the paper closed

In relation to Harry's claim, Mr Justice Fancourt said that the Duke could only make some changes to his individual case, ruling that he could not introduce new allegations from 1994, 1995 and 2016 or new allegations of phone hacking.

But he granted permission for Harry "in principle" to change the details of his case to name "certain further journalists and private investigators", and bring allegations of "landline voicemail interception".

Harry’s claim is currently set to go to trial in January 2025.

Hugh Grant arriving at court in NGN privacy case in April 2023© Getty
Actor Hugh Grant has also brought legal action against NGN

A spokesperson for NGN said: "At a hearing in March 2024, the claimants sought to introduce wide-ranging allegations into their pleadings.

"NGN argued that a number of these were irrelevant to the fair and just determination of claims, and had nothing to do with seeking compensation for victims of phone hacking or unlawful information-gathering.

"The court in its judgment today has thoroughly vindicated NGN's position and did not give permission to introduce large and significant portions of the amendments."

The status of Prince Harry's legal claims

Challenge against the Home Office over UK security arrangements

In 2024, a High Court judge dismissed Harry's claim against the Home Office over security arrangements for himself and his family when they are in the UK.

The Duke challenged a February 2020 decision of the Executive Committee for the Protection of Royalty and Public Figures (Ravec), which falls under the remit of the department, after being told he would no longer be given the "same degree" of personal protective security when visiting.

Harry's lawyers said he was "singled out" and treated "less favourably" in the decision, arguing a failure to carry out a risk analysis and fully consider the impact of a "successful attack" on him meant the approach to his protection was “unlawful and unfair".

The Government argued Ravec was entitled to conclude the Duke's protection should be "bespoke" and considered on a "case-by-case" basis.

Retired High Court judge Sir Peter Lane ruled that Ravec's approach was not irrational nor procedurally unfair, claiming Harry's lawyers had taken "an inappropriate, formalist interpretation of the Ravec process".

Harry was given permission to challenge Sir Peter's ruling in June last year. The appeal against the ruling is being heard on 8 to 9 April in London.

Unlawful information-gathering allegations against Associated Newspapers

Harry is one of seven high-profile people, including Sir Elton John and Baroness Lawrence of Clarendon, bringing legal action against the publisher of the Daily Mail over allegations it carried out or commissioned unlawful information gathering.

The firmly denied allegations against Associated Newspapers Limited (ANL) include the hiring of private investigators to place listening devices inside cars; the "blagging" of private records; and the accessing and recording of private phone conversations.

At a preliminary hearing, the publisher asked a judge to rule in its favour without a trial – arguing the legal challenges against it were brought "far too late".

The Duke made a surprise appearance at the Royal Courts of Justice in London for the proceedings in March 2023, where his lawyers argued that those bringing legal action were "thrown off the scent" and not aware of being targeted, having believed "categorical denials" from ANL over any involvement in unlawful activity.

Mr Justice Nicklin ruled in November 2023 that the publisher had failed to deliver a "knockout blow" to the early-stage legal challenges, allowing them to continue.

The full trial could be held in early 2026.

Settlement with News Group Newspapers

Harry alleged he was targeted by journalists and private investigators working for News Group Newspapers (NGN), which publishes The Sun and published the now-defunct News Of The World.

Shortly before an up-to-10-week trial was due to begin earlier this year, the Duke and NGN reached an agreement including a "full and unequivocal apology" and "substantial" damages, announced on 22 January.

NGN apologised to Harry for intrusion between 1996 and 2011, including "incidents of unlawful activities" by private investigators working for The Sun.

The publisher also apologised to the Duke for phone hacking, surveillance and misuse of private information by journalists and private investigators at the News of the World, which closed in 2011.

"We acknowledge and apologise for the distress caused to the duke, and the damage inflicted on relationships, friendships and family, and have agreed to pay him substantial damages," the NGN statement said.

The publisher also apologised for the impact of the "serious intrusion" into the private life of Harry's late mother, Diana, Princess of Wales.

An NGN spokesperson previously said its apology to Harry covered "incidents of unlawful activities carried out by private investigators working for The Sun, not by journalists, during the period 1996-2011".

They added: "There are strong controls and processes in place at all our titles today to ensure this cannot happen now. There was no voicemail interception on The Sun."

Lord Tom Watson, former Labour deputy leader, who was also taking legal action against the publisher, settled his claim as well.

Reporting by PA.

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