Latest news with #unlawfulactivities
Telegraph
4 days ago
- Telegraph
Prince Harry ordered to reveal any payments to witnesses in case against Daily Mail
The Duke of Sussex has been ordered to reveal to the High Court any 'payments or inducements' made in return for evidence in his claim against the Daily Mail. Associated Newspapers, the publisher that owns the Daily Mail, is accused of carrying out or commissioning unlawful activities such as hiring private investigators to place listening devices inside cars, 'blagging' private records, burglaries to order and accessing and recording private phone conversations. The publisher denies the allegations made by a group of high-profile public figures, including the Duke, Baroness Lawrence, Elizabeth Hurley, Sir Elton John, Sadie Frost and Sir Simon Hughes. Instead, they claim that incentives were 'offered or paid' by researchers working for the claimants' legal team, including a £5,000-a-month deal with a private investigator called Gavin Burrows. In a ruling handed down on Friday, Mr Justice Nicklin criticised the 'inconsistent and incoherent approach' made by the claimants to providing such evidence, declaring their explanations 'unconvincing'. He said there were 'serious questions to be answered' about the status of the claimants' research team, particularly the documents they held and whether there had been adequate disclosure. The judge ruled that the group should search for and hand over any documents that suggest that Mr Burrows, or any other potential witness, 'has skin in the game'. The trial is due to take place in January 2026. The judge's latest ruling follows a two-day case management hearing in May, during which Antony White KC, for Associated Newspapers, asked the court to order the claimants to 'search for and disclose any documents that relate to payments, royalties or inducements paid, provided or offered, or any demands or threats made, in order to obtain documents, information or other co-operation'. The barrister said a limited number of documents had been disclosed, which showed that 'payments were made or offered' to 'procure evidence and invoices'. Mr Justice Nicklin said he was satisfied that any documents suggesting witnesses had been paid or offered other inducements should be disclosed. 'That is because there is a real prospect that Associated will be able to rely upon this evidence to attack the credibility of such witnesses,' he added. 'Ultimately, the issue of whether the payment or inducement does affect the credibility of any witness is a matter to be resolved at trial. In this case, the stance adopted by the claimants has been undermined by their inconsistent and incoherent approach to disclosure of documents relating to payments to potential witnesses and/or other inducements.' The claimants were also ordered to conduct further searches for evidence relating to what has been described in court as their 'personal watershed moment' – when they became aware that they had a potential claim. The Duke of Sussex is said to have sent a text message to Baroness Lawrence alerting her that 'information' had come to light 'that she would want to know about', prompting her to join the legal action just a few months later. In a subsequent email sent by the Duke to Baroness Lawrence about the material his barrister, David Sherborne, had 'come across', he said 'he and one of his team would be keen to come and speak to you… in order to explain what this material shows and what your options are'. The Duke was told he had a potential claim by Mr Sherborne, to whom he was introduced by Sir Elton while on holiday at the singer's home in France. Associated Newspapers had sought information about such 'moments', including details of who had allegedly provided what information to whom and on what dates. 'Surprising' lack of documentation Mr Justice Nicklin said he found the lack of documentation on these pivotal moments 'surprising'. Such revelations would surely have prompted 'communications between trusted friends and family members; messages seeking advice or guidance, or expressing shock or outrage,' he said. The judge noted that a 'complete absence of corroborating documents' may be used to suggest these moments were not 'quite as shocking' as claimed. Meanwhile, the claimants' attempt to access broader call data and other information was refused by the judge, who described the requests as 'disproportionate or unfocused'. Broad allegations made about the alleged use of unlawful information gathering across all Mail titles over 25 years were also rejected. Mr Justice Nicklin warned that such allegations could not prove individual claims and that the court would 'tightly manage' the scope of the generic case to prevent the litigation from becoming 'a wide-ranging public inquiry'.
The Independent
4 days ago
- Entertainment
- The Independent
Harry lawyers must disclose ‘payment' documents in Mail publisher case
Lawyers for the Duke of Sussex must hand over documents that relate to alleged payments made for evidence in his legal claim against the publisher of the Daily Mail, a High Court judge has said. Harry and six others, including actress Liz Hurley, Sir Elton John and his husband David Furnish are bringing legal action against Associated Newspapers Limited (ANL). They have accused the publisher of conducting or commissioning unlawful activities such as hiring private investigators to tap phones, 'blagging' private records, and burglaries to order. The group also includes actress Sadie Frost, campaigner Baroness Doreen Lawrence and politician Sir Simon Hughes. ANL denies the allegations and is defending the legal action, previously describing the claims as 'lurid' and 'simply preposterous'. At a hearing in May, lawyers for ANL asked the court in London to order the group's legal team to 'search for and disclose any documents that relate to payments, royalties or inducements paid, provided or offered, or any demands or threats made, in order to obtain documents, information or other co-operation'. Antony White KC, for ANL, said a limited number of documents had been disclosed, which showed that 'payments were made or offered' to 'procure evidence and invoices'. In a ruling handed down on Friday, Mr Justice Nicklin said: 'I am satisfied that documents held by the claimants that can support a case that a witness has been paid or offered other inducement for their evidence, whether directly or indirectly, should be disclosed. 'That is because there is a real prospect that Associated will be able to rely upon this evidence to attack the credibility of such witnesses. 'Ultimately, the issue of whether the payment or inducement does affect the credibility of any witness is a matter to be resolved at trial.' He added: 'In this case, the stance adopted by the claimants has been undermined by their inconsistent and incoherent approach to disclosure of documents relating to payments to potential witnesses and/or other inducements.' Mr Justice Nicklin also ordered that lawyers for the claimants should conduct searches to identify and hand over documents ANL could rely on 'in advancing a case that potential witnesses have been given or offered financial incentives to provide information or evidence in support of allegations' of unlawful information gathering (UIG). The group bringing the case had asked the judge to order ANL to unredact some of the documents the company had provided for the legal proceedings. Mr Justice Nicklin ordered that 'targeted' un-redactions be made where necessary to assess whether certain journalists had a pattern of engaging in UIG. He said: 'In my judgment, considering Associated's denials of wrongdoing, the claimants are entitled to explore whether they can advance a case, with a real prospect of success, that the pleaded journalists have a propensity to engage in UIG.' A trial of the claims is expected to start in January and last for nine weeks.
