Prince Harry and his six co-claimants attempted to settle their £50m privacy claim against the publisher of the Daily Mail weeks before the trial began – approaching Associated Newspapers through a secret backchannel staffed by a retired police detective and a former deputy editor of The Independent on Sunday. But the publisher rebuffed every offer, determined to clear its name, and the 11-week trial went ahead as planned in January. On Tuesday, Mr Justice Nicklin comprehensively dismissed the claim, ruling there was no evidence that 55 stories had been obtained through unlawful means such as phone hacking or blagging. The Duke of Sussex immediately attacked the 426-page ruling as a “complete and obvious whitewash”.
The journalist and author Valentine Low, royal correspondent for The Times from 2008 to 2023, described the defeat as “immensely damaging”. Speaking to Channel 4 News on the day of the judgement, he said the outcome was a severe blow for the prince, who now faces a crippling legal bill along with the other claimants – celebrities including Sir Elton John, Liz Hurley and Baroness Lawrence.
“Prince Harry tried to settle £50m Mail privacy claim before losing case; judge ruled no evidence of hacking.”
Court documents and interviews have laid bare the extent of the pre-trial settlement efforts. Veteran journalist Michael Gillard reported that the claimants turned to James Hanning, a former deputy editor of The Independent on Sunday, in December to open talks. Hanning confirmed he was instructed by the claimants and their legal team to contact Stephen Wright, a former associate editor of the Daily Mail, using a former senior police detective as a go-between. “I acted as a backchannel,” Hanning told Gillard. The approach was a suggestion to “talk sensibly” with headings marked “for discussion”. Hanning added: “I do believe it was put forward as a sincere way of reaching an agreement.”
But Associated Newspapers had no intention of settling. Baroness Lawrence, whose son Stephen was murdered in a racist attack, had expected the publisher to settle before trial, but the company rebuffed attempts with increasing urgency up to the 11th hour. Discussions became “particularly heated” on Christmas, sources said. The Duke’s legal team also used a retired police detective as an intermediary, according to reports.
The judge’s dismissal leaves the seven claimants exposed to enormous legal costs – and a verdict that Valentine Low says will reverberate far beyond the courtroom. For the prince, the failed settlement attempt and the court defeat raise uncomfortable questions about the judgment of those advising him.