Prince Harry and Murdoch are about to do battle in court, this is what’s at stake


The eight-week case could be financially costly for the Prince, but could be worse for the Murdoch organisation. Photo: TND/Getty
Prince Harry’s legal battles against British tabloids will see perhaps its most significant development this week when his case against the Murdoch-owned The Sun and News of the World comes to trial.
The hearing, starting Wednesday morning (AEDT), will be the first time that Rupert Murdoch’s News Group Newspapers has had to defend itself against allegations that its executives across the whole organisation were involved in, or knew, about unlawful news-gathering techniques.
For the prince, the outcome could be vindication and damages, or a potentially massive bill for legal costs.
What is the case?
Harry’s allegations of tabloid wrongdoing date back to 1996. Harry and his brother Prince William first became aware they may have been targeted the target of phone hacking in 2006.
Clive Goodman, a journalist at the now-closed News of the World, and private investigator Glenn Mulcaire were arrested and later jailed for intercepting voicemails on phones belonging to the princes’ aides.
NGN apologised for the wrongdoing at News of the World more than a decade ago and closed the title in 2011.
The company denies similar claims against The Sun, as well as Harry’s wider allegation of a corporate-wide cover-up.
When he launched his claim, Harry alleged that more than 200 articles published by NGN between 1996 and 2011 contained information gathered by illegal means.
Among the stories to be scrutinised in court will be analysis of how The Sun obtained such scoops as “Emotional Harry rang Chelsy at midnight” – an exclusive article that ran almost 20 years ago about the royal’s then girlfriend Chelsy Davy.
NGN has already settled similar claims with some some 1300 claimants at an estimated cost of about £1 billion ($2 billion), including legal costs.
The settlements mean the claims have never been tested in court and leaves just two remaining claimants – the Duke of Sussex and former British Labour Party deputy leader Tom Watson.
The hearing
During the expected eight-week hearing, Justice Timothy Fancourt will hear hours of analysis of Murdoch scoops.
Early weeks in court will examine so-called “generic issues”, such as how widespread any unlawful practices at NGN were and who knew of them.
The court will also look at allegations that NGN misled police and provided false statements to the previous Leveson public into media ethics between 2011 and 2012 and resulted in closing News of the World.
Fancourt will need to decide whether any of the NGN articles were the product of unlawful information gathering, such as information tricked out of phone companies by private investigators.
It will not test allegations of phone hacking because Prince Harry did not file his claim in time for them to be considered.
Watson’s case will allege the hacking of the parliamentary committee he formerly chaired while it sat to consider previous hacking allegations themselves.
Prince Harry will give evidence in person during the trial.
Harry’s win
Harry was previously successful in a similar case brought against NGN’s tabloid competitor, the Mirror Group, in 2023.
That case, which was also heard by Fancourt, the prince was awarded him more than £140,000 ($275,000) against Mirror Group.
He also settled the remainder of his claims against Mirror Group for an estimated £400,000 ($790,000).
Handing down his ruling, Fancourt, said that 15 of the 33 articles published by Mirror Group and included in Harry’s claim “were the product of phone hacking of his mobile phone or the mobile phones of his associates, or the product of other unlawful information-gathering”.
After the verdict, Harry’s via his lawyer said “the mission continues”.
“Today is a great day for truth as well as accountability. I’ve been told that slaying dragons will get you burned, but in light of today’s victory and the importance of doing what is needed for a free and honest press – it’s a worthwhile price to pay,” he said in a statement.
What’s at stake for Harry?
Prince Harry has consistently rejected any notion of settling his case with NGN, opening him to a potentially enormous financial cost.
If a claimant turns down an offer of settlement and is later awarded less in damages by a judge, they have to pay the legal costs of both sides.
Known as a “Part 36 offer”, the quirk of British civil law is designed to encourage both sides to settle cases before trial or risk a massive financial impost.
As a result, the Part 36 rules, even if a claimant were victorious in court, they could still be liable for many millions of dollars in legal costs.
This is because, in the eyes of the court, a claimant had wasted its time by fighting the case when they could have accepted more money at an earlier date.
Actor Hugh Grant last year revealed he accepted a significant settlement from The Sun because his lawyers advised it was likely bigger that he he would be awarded in damages by a judge after a trial, even if his case was successful.
At the time, Grant posted on X that even if he were awarded a “even a penny less than the settlement offer, I would have to pay the legal costs of both sides”.
Harry has been open about potential financial cost and why he is persisting with a court case.
“They have settled because they’ve had to settle,” he told the New York Times late last year in reference to other claimants.
“One of the main reasons for seeing this through is accountability, because I’m the last person that can actually achieve that,” Harry said.
What about News?
While Murdoch’s British news arm has already paid out many millions of dollars in settlements, this case has the potential to cost more than money.
Some of Murdoch’s most senior executives will be defending their reputations from allegations that they were aware of unlawful activities and even attempted to conceal them.
Among those who would lose from a Harry win are Rupert Murdoch and son James, Rebekah Brooks, the former News of the World editor and CEO of News UK, The Sun editor Victoria Newton and the former journalist Will Lewis, now publisher and CEO of the Washington Post.
NGN, in a statement, said an apology was published by NGN in 2011 to victims of voicemail interception by the News of the World.
“The company publicly committed to paying financial compensation and since then has paid settlements to those with claims,” it said.
“[Prince Harry’s] claim focuses now on allegations of unlawful information gathering … His claim will be fully defended, including on the grounds that it is brought out of time.”