Prince Harry ends legal action against The Sun publisher as eight-figure settlement agreed
The Duke of Sussex has accepted an eight-figure financial settlement from the publisher of The Sun, ending his legal action just as the trial was about to begin.
The eleventh-hour deal between Prince Harry and News Group Newspapers (NGN) was announced on Wednesday morning after more than 24 hours of intense negotiations.
It came just weeks after the Duke vowed never to settle his claim for unlawful information gathering, insisting that his sole goal was accountability.
However, he hailed a 296-word statement in which NGN admitted for the first time unlawful activity by private investigators working for The Sun as a “monumental victory”.
Rupert Murdoch’s company also apologised for the impact on the Duke of “extensive coverage and serious intrusion” into his private life and that of his late mother, Diana, Princess of Wales.
However, it only conceded that “phone hacking, surveillance and misuse of private information” was carried out by journalists on the now closed News of the World, not those at The Sun.
The settlement to the Duke of Sussex is understood to have been between £10 million and £20 million.
The deal was announced in the High Court after the start of a long-awaited 10-week trial was held up for last-minute talks.
It brought to an end five years of litigation, during which more than 40 claimants were gradually whittled down to just two; the Duke and Lord Watson, the former deputy leader of the Labour party.
In a statement read out on the steps of the court by David Sherborne, the Duke’s barrister, the two men said: “In a monumental victory today, News UK have admitted that The Sun, the flagship title for Rupert Murdoch’s UK media empire, has indeed engaged in illegal practices.
“Today the lies are laid bare. Today, the cover-ups are exposed. And today proves that no one stands above the law. The time for accountability has arrived.”
Lawyers for both the Duke and Lord Watson are understood to be preparing a “dossier” of evidence to hand to the police in an attempt to force a new investigation into criminality.
Lord Watson also issued a challenge to Sir Mark Rowley, the commissioner of the Metropolitan Police, to act on its findings, and to the Prime Minister, to prove that corporate executives were not “above the law and out of the reach of the police”.
Scotland Yard said later that there was no current investigation into phone hacking or related claims.
A force spokesman added of the promised dossier: “We await any correspondence from the parties involved, which we will respond to in due course.”
An NGN spokesman said its apology was for the unlawful actions of private investigators working for The Sun, not of its journalists.
“There are strong controls and processes in place at all our titles today to ensure this cannot happen now,” they said, adding: “There was no voicemail interception on The Sun.”
The company highlighted remarks from the judge, who noted that any further claims will be liable to be struck out.
Lord Watson also said that Mr Murdoch should issue a personal apology to Prince Harry, the King, and others who suffered at the hands of his media empire.
His demand was criticised by Harvey Proctor, a former Tory MP who was falsely accused of sex abuse by the fantasist Carl Beech. Lord Watson played a high profile role in highlighting Beech’s claims, which he also made against Lord Brittan, the former Tory Cabinet minister.
Mr Proctor said: “Watson’s hypocrisy is grotesque.
“Even when Beech’s lies were exposed, Watson offered only a half-hearted apology to Lord Brittan’s grieving family. His actions were callous, reckless, and without regard for the devastating consequences.”
02:24 PM GMT
That’s all for today
Thank you for joining us for today’s coverage at the High Court.
02:13 PM GMT
Settlement avoids Duke ‘footing the bill’
Axel Landin, senior associate in the Media Law practice group at Bindmans LLP, explained the cost Prince Harry could have incurred if the case had gone to trial and he was awarded less in damages than the sum offered by NGN.
“Prince Harry clearly wanted his day in court but, like others before him, has had his hand forced by the legal system, which incentivises out-of-court settlements,” he said.
“Parties make offers to pay or accept particular amounts, and the judge cannot scrutinise these offers when deciding the case, but must reach a view on what the claim is worth independently of them.
“Generally, in our system, the losing party pays the costs of both sides.
“But if a claimant wins on the facts of the case but secures a smaller sum in damages than was contained in an offer they declined, it is a pyrrhic victory indeed.
“The ‘winner’ will foot the bill for both sides’ costs and in a case like this, that’s a seven-figure sum – far greater than the damages.”
02:03 PM GMT
Prince Harry previously said there was ‘no justice’ for claimants
The Duke previously criticised the British legal system because even if a claimant wins, they are liable for the costs of both sides if they had earlier rejected a settlement offer larger than the damages awarded.
“You’re forced to have to settle,” he added.
“So actually, there’s no justice for any of these claimants. Even if or when we win, I’m still liable for the legal costs of both sides.”
01:30 PM GMT
Duke’s settlement is ‘complete vindication’
Prince Harry’s settlement has been hailed as a victory against a “hugely powerful media organisation”.
Jon Oakley, partner and reputation protection lawyer at Simkins, said: “This settlement is a complete vindication for the Duke of Sussex.
“It is the first time in this lengthy saga that News UK has admitted unlawful newsgathering at The Sun.
“The Sun’s apology is for conduct that spans a full fifteen years, from when the Duke was still a young boy to when he was a grown man.
“The statement read on behalf of The Sun in court indicates the strength of the Duke’s case, and rewards his determination for taking action against a hugely powerful media organisation.”
01:17 PM GMT
NGN says settlement ‘draws a line under the past’
In a statement issued after court proceedings, a spokesman for NGN said: “Today a full and unequivocal apology is given to the Duke of Sussex for the phone hacking, surveillance and misuse of private information by journalists and private investigators instructed by them at the News of the World.”
The group said its apology to the Duke included an apology for incidents of “unlawful activities carried out by private investigators working for The Sun, not by journalists, during the period 1996-2011”.
It said allegations that News International had destroyed evidence in 2010/11 would have been the subject of “significant challenge at trial” and that Lord Watson’s phone had not been hacked between 2009-11.
“After more than a decade of litigation, and 14 years since the News of the World closed down, today’s settlement draws a line under the past and brings an end to this litigation,” it went on.
“Indeed the Judge made it clear in remarks in court at the end of the hearing that these cases are likely to be the last liable to go to trial. Any cases now brought, years after the events, will be liable to be struck out.”
01:01 PM GMT
Met Police ‘awaiting’ contact from parties
Earlier, Mr Sherborne called on the Metropolitan Police to look into the unlawful activity admitted by NGN regarding Prince Harry and Lord Watson.
In a statement, the force has said it currently has no “active” investigations into phone hacking.
A spokesman said: “We are aware of the outcome of the civil proceedings.
“It remains the case that there are no active police investigations into allegations of phone hacking or related matters.
“We await any correspondence from the parties involved, which we will respond to in due course.”
12:38 PM GMT
Duke’s lawyer: NGN senior executives ‘obstructed justice’
Mr Sherborne used his 600-word statement to make the sweeping allegations he would otherwise have made in court, naming News Group executives including Rebekah Brooks.
In its apology, NGN acknowledged, “without any admission of illegality”, that its response to the 2006 arrests of royal reporter Clive Goodman and private investigator Glenn Mulcaire, and its “subsequent actions” were regrettable.
Mr Sherborne said: “What’s even worse is that in the wake of the 2006 arrest of a Royal correspondent, there was an extensive conspiracy to cover up what really had been going on and who knew about it.
“Senior executives deliberately obstructed justice by deleting over 30 million emails, destroying back-up tapes, and making false denials – all in the face of an on-going police investigation.
“They then repeatedly lied under oath to cover their tracks – both in Court and at the Leveson Public Inquiry. At her trial, in 2014 Rebekah Brooks, said ‘when I was Editor of The Sun we ran a clean ship’.
“Now, 10 years later when she is CEO of the company, they now admit, when she was editor of The Sun, they ran a criminal enterprise.”
12:33 PM GMT
Settlement a ‘colossal victory’ but ‘surprise’ to media law world
The Duke’s settlement has been labelled a “colossal victory”.
Kishan Pattni, a media lawyer at Freeths law firm, said: “This is a colossal victory for the Duke of Sussex, but settlement comes as a surprise to the media law world, because he had publicly indicated that he required the truth and wished to achieve a reckoning against News Group Newspapers at court.
“Indeed, it was rumoured that he would stand as a witness in the eight-week trial in pursuit of accountability.
“However, while detailed and potentially embarrassing facts for NGN will no longer be aired, the substantial damages and open apology, which is remarkably contrite, will serve as an admission of their historic wrongdoing and provide full vindication for the Duke of Sussex and Lord Watson in the eyes of the public.”
12:20 PM GMT
Watch: Police urged to investigate NGN ‘cover ups’
Finally, Mr Sherborne, on behalf of the Duke, called upon the police to investigate the unlawful activity admitted by NGN.
“Prince Harry & Tom Watson join others in calling for the police and parliament to investigate not only the unlawful activity now finally admitted, but the perjury and cover ups along the way,” he said.
“It’s clear now this has occurred throughout this process, including through sworn evidence in inquiries and court hearings, and in testimony to Parliament, until today’s final collapse of NGN’s defence.
“Today, the lies are laid bare. Today, the cover-ups are exposed. And today proves that no one stands above the law. The time for accountability has arrived.”
12:10 PM GMT
Did Prince Harry achieve ‘closure’ after settlement deal?
Just last month, the Duke gave an interview in which he insisted that he wanted to achieve “closure” for the hundreds of others forced to settle due to exorbitant legal costs.
“The goal is accountability,” he said. “It’s really that simple.”
On Wednesday, his lawyer, David Sherborne, insisted that he had achieved that aim via the statement issued by NGN, despite the fact that in striking a deal he had negated the need for a trial.
Speaking on the court steps, Mr Sherborne said of the settlement: “This represents a vindication for the hundreds of other claimants who were strong-armed into settling, without being able to get to the truth of what was done to them.
“After endless resistance, denials and legal battles by News Group Newspapers, including spending more than a billion pounds in payouts and in legal costs (as well as paying-off those in the know) to prevent the full picture from coming out, News UK is finally held to account for its illegal actions and its blatant disregard for the law.”
12:05 PM GMT
Lord Watson: We are preparing a dossier for Met Police
The Metropolitan Police are being handed a dossier on wrongdoing by NGN, Lord Watson said in his statement.
He finished with two questions, adding: “To Sir Mark Rowley: when you receive our dossier exposing wrongdoing, will the Metropolitan Police act?
“To the Prime Minister: I know you care deeply about fairness and the law, but are we really willing to continue as a country where some corporate executives are above the law and out of reach of our police?”
11:59 AM GMT
Judge says complaints will never go to trial
Mr Justice Fancourt effectively drew a line under the prospect of further litigation.
He told the court that as a result of the settlement, it was “hard to imagine” that the allegations would ever be tested at trial.
That included the individual claims as well as the generic issues, which included allegations of a corporate cover up.
11:57 AM GMT
Lord Watson calls for personal apology from Rupert Murdoch to Prince Harry and the King
In a statement read out on the court steps, Lord Watson said he was “glad” NGN had “finally accepted responsibility”.
He went on: “If Rupert Murdoch has any decency, he should follow this corporate admission of guilt with a personal apology— to Prince Harry, to his father, the King, and to the countless others who suffered the same unlawful behaviour at the hands of his media empire.”
Lord Watson said the Duke’s “bravery and astonishing courage” had brought accountability to a part of the media that he thought was “untouchable”.
“At the heart of this case and all the 1,300 others is the important principle that no one is above the law,” he added.
“And in this sense, today’s result represents a challenge to the criminal justice system.”
11:46 AM GMT
Duke did not get everything he wanted from The Sun
Although the apology referred to private investigators working for The Sun, it did not include any admission of wrongdoing by journalists and executives working for the newspaper.
The statement was billed as a “monumental victory” for the Duke; it will be seen as a significant climbdown after years of insisting that he wanted corporate heads on a plate.
David Sherborne, Harry’s barrister, had alleged that Rupert Murdoch was involved in the cover-up of the true extent of hacking and illegal activity at his newspaper group, whilst also accusing Rebekah Brooks, CEO of News UK and a former News of the World editor, of lying to the Leveson Inquiry.
The barrister wanted to amend his case to make specific allegations about the “destruction and concealment” of evidence carried out by certain individuals, listing some 150 private investigators, as well as journalists and executives.
In the event, while the Duke secured apologies concerning hacking and the response to arrests at the News of the World; he did not get the admissions of liability he had sought from The Sun.
11:42 AM GMT
Prince Harry set for at least £10million
The Duke’s financial settlement is understood to amount to at least £10 million.
11:37 AM GMT
Settlement is ‘historic admission of guilt’, says Duke’s lawyer
In a statement read out on the steps of the High Court, Mr Sherborne hailed the result as a “monumental victory”.
“News UK have admitted that The Sun, the flagship title for Rupert Murdoch’s UK media empire, has indeed engaged in illegal practices.
“This represents a vindication for the hundreds of other claimants who were strong-armed into settling, without being able to get to the truth of what was done to them,” he said.
“Today’s result has been achieved only through the sheer resilience of Prince Harry and Lord Watson, whose willingness to take NGN to trial has led directly to this historic admission of unlawfulness at The Sun.
“It has only been by taking NGN - not just to the steps of court but inside the court room itself - that these claimants have finally managed to extract this historic admission of guilt.”
11:24 AM GMT
Prince Harry had vowed to hold the media to account
The Duke had previously told how he was determined to hold the company to account and was said to be relishing the chance to have his day in open court.
He was due to face several days of “extensive” questioning later in February.
Just last month, he insisted he was determined to pursue his claim to the bitter end in order to achieve closure for the hundreds of others forced to settle, for whom there had been “no justice”.
“The goal is accountability. It’s really that simple,” he told the New York Times’s annual Dealbook summit.
“One of the main reasons for seeing this through is accountability, because I’m the last person that can actually achieve that, and also closure for these 1,300 people and families.
“They’ve settled because they have to settle.”
11:18 AM GMT
NGN also offers ‘full and unequivocal apology’ to Lord Watson
The former Labour deputy leader, Lord Tom Watson, has also settled with NGN.
A statement from the group said: “NGN also offers a full and unequivocal apology to Lord Watson for the unwarranted intrusion carried out into his private life during his time in government by the News of the World during the period 2009-2011.
“This includes him being placed under surveillance in 2009 by journalists at the News of the World and those instructed by them.
“NGN also acknowledges and apologises for the adverse impact this had on Lord Watson’s family and has agreed to pay him substantial damages.
“In addition, in 2011 News International received information that information was being passed covertly to Lord Watson from within News International.
“We now understand that this information was false, and Lord Watson was not in receipt of any such confidential information.
“NGN apologises fully and unequivocally for this.”
11:03 AM GMT
Duke follows Hugh Grant who settled for an ‘enormous sum’
The deal brings to an end a five-year legal battle that has incurred staggering costs on both sides and has taken up a huge amount of court time.
Mr Justice Fancourt had repeatedly urged both sides to find a resolution, warning that the case resembled a campaign between “two obdurate but well-resourced armies”.
The Duke lodged his claim against NGN, the owner of the Sun and the now defunct News of the World, in September 2019.
NGN, which had strongly rejected allegations of wrongdoing, had already settled some 1,300 other claims without making any admission of liability, leaving the Duke and Lord Tom Watson, the former deputy Labour leader, the last men standing.
Last April, when actor Hugh Grant revealed that he had settled his own claim for an “enormous sum” as he could not risk being saddled with the estimated £10 million legal bill, Mr Sherborne indicated that the Duke may be forced to follow suit.
He told the court: “The Duke of Sussex is subject to the same issues… which is that offers are made (which) make it impossible for them to go ahead.”
11:01 AM GMT
NGN admits ‘unlawful activities’ and will pay ‘substantial damages’
In a statement, NGN apologised for “serious intrusion” to the Duke’s private life, in what marked the first time it has admitted unlawful activity.
“NGN offers a full and unequivocal apology to the Duke of Sussex for the serious intrusion by The Sun between 1996 and 2011 into his private life, including incidents of unlawful activities carried out by private investigators working for The Sun,” the statement said.
“NGN also offers a full and unequivocal apology to the Duke of Sussex for the phone hacking, surveillance and misuse of private information by journalists and private investigators instructed by them at the News of the World.
“NGN further apologisesto the Duke for the impact on him of the extensive coverage and serious intrusion into his private life as well as the private life of Diana, Princess of Wales, his late mother, in particular during his younger years.
“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.
“It is also acknowledged, without any admission of illegality, that NGN’s response to the 2006 arrests and subsequent actions were regrettable.”
10:48 AM GMT
NGN offers Duke ‘full and unequivocal apology’
NGN has offered “a full and unequivocal apology” to the Duke of Sussex “for the phone hacking, surveillance and misuse of private information by journalists and private investigators instructed by them”.
Mr Sherborne told the High Court the group would pay Prince Harry “substantial damages” as the two sides settled their legal claim.
10:44 AM GMT
Yesterday’s events caught everybody by surprise
The developments in court yesterday appeared to catch all parties - including the judge - by surprise.
Lawyers, solicitors and journalists were crammed into Court 30 of the Rolls Building, the High Court’s modern annexe, awaiting the trial to start.
Just moments after the judge entered the courtroom yesterday morning, Mr Sherborne asked for a brief delay.
By the time he requested the third delay later in the day, for which he blamed the time difference with California, where the Duke lives, the judge said he could see no reason why the trial could not proceed in parallel with the discussions.
He said he was “not satisfied” that the delay had “anything to do with the timetable in California”.
The stand-off prompted dramatic scenes, with the barristers for both sides then threatening to go to the Court of Appeal to overturn his decision not to allow them further time to negotiate.
The threat, in itself, bought them the time they had requested and no application was made to the Court of Appeal.
10:40 AM GMT
Prince Harry settles court case
The Duke of Sussex has settled his case against NGN after a deal was thrashed out behind the scenes just as the trial was due to start yesterday.
David Sherborne, Prince Harry’s barrister, had asked Mr Justice Fancourt for three successive adjournments to allow negotiations to take place on Tuesday.
The High Court heard there were “very substantial cost implications” which made both parties feel they had “no choice but to persist” with reaching an agreement.
