Lawyers for the Duke of Sussex and others were today criticized by a judge for trying to ‘shoot trophy targets’ – as they lost a bid to drag Rupert Murdoch into their hacking trial against the publisher of The Sun.
Judge Fancourt said they were trying to “impeach the man at the top” by pinning knowledge personally on the media mogul.
A trial is scheduled for January next year to test claims by Prince Harry and more than 40 others that journalists working for News Group Newspapers (NGN) are guilty of alleged unlawful information gathering and breach of privacy.
Earlier this year they asked the High Court for permission to amend their case and add new details, including the names of Mr Murdoch, his son James Murdoch and senior managers at the company. They alleged that Mr Murdoch was personally involved in covering up misconduct at NGN, which was committed ‘at the highest levels’.
But ruling against them today, Judge Fancourt said: ‘I am of the opinion that there is a desire on the part of those pursuing the litigation on the plaintiffs’ side to shoot at ‘trophy’ targets, whether those are political issues or high-profile individuals. .
‘This cannot become an end in itself: it is of interest to the court only to the extent that it is material and proportionate to the resolution of the individual causes of action. The process is not an investigation.”
Lawyers for the Duke of Sussex and others were today criticized by a judge for trying to ‘shoot trophy targets’
He said the allegations against Murdoch added nothing to the case.
The duke was also denied a request to expand his claim to include allegations dating back to 1994, when 39-year-old Harry was nine, and as recently as 2016. And he was denied permission to list the names of around 150 private individuals to take. investigators, some of whom had no specific claims made against them.
The judge also refused permission for new charges against NGN’s Management and Standards Committee and for charges relating to attacking politicians.
The judge criticized the duke’s legal team for putting forward too many amendments at too late a stage, in what he described as a ‘very expensive and time-consuming exercise’. He also criticized NGN for failing to allow enough of the smaller amendments.
Mr Justice Fancourt allowed the Duke to make a number of changes, including amending his case ‘in principle’ to name certain additional journalists and ‘private investigators’, and making allegations of ‘interception of landline voicemails’.
Mr Fancourt said they were trying to ‘blame the man at the top’ by pinning knowledge personally on the media mogul
He concluded: ‘I will therefore grant consent to some of the changes which the Duke wishes to make, but not to others.’
In a further blow to Harry, the judge said he had ‘failed to comply’ with a court order issued last year.
In July 2023, the publisher succeeded in having phone hacking charges dropped from Harry’s case. It meant that the Duke’s case could only go to trial on the basis of other forms of alleged misconduct.
Mr Justice Fancourt said in his latest ruling: ‘I have concluded that the Duke failed to comply with the July 2023 order because he did not remove from his claim the facts relating solely to phone hacking. “The Duke will therefore have to comply fully with the July 2023 order if he intends to pursue his claim for these other alleged wrongdoings.”
NGN denies all allegations, with its lawyers previously telling the court that the new claims were a “crude and cynical attack” and were “designed to make headlines” rather than advance the claims.
In 2012, NGN apologized for widespread phone hacking by News of the World journalists, which Murdoch shut down due to a backlash.