The Duke of Sussex is “one of two claimants” continuing claims against the publisher of The Sun over allegations of unlawful information gathering, his barrister told the High Court.
Former Labour deputy leader Tom Watson is also continuing his claim against News Group Newspapers (NGN), the court heard on Friday, after 39 cases were settled since a previous hearing in July.
Both cases are expected to go to trial in January 2025, with the 40-year-old prince alleging journalists and private investigators working for NGN – which also published the now defunct News of the World – targeted him.
NGN has previously denied unlawful activity happened at The Sun.
Both sides returned to court to ask a judge to rule on preliminary issues ahead of the 2025 trial – including whether Prince Harry could be allowed access to emails sent between former NGN executives and members of the Royal Household between 2013 and 2019.
His barrister, David Sherborne, said the emails were sent between five accounts of NGN employees and five employees of the Royal Household, who were “involved in Royal Communications and the private secretaries to Her Majesty Queen Elizabeth II”.
Mr Sherborne said the emails would be “highly relevant in terms of providing the full picture not only as to the actual knowledge of the claimant but also as to the position in relation to constructive knowledge, based on what the Palace was being told by NGN”.
Some of the emails had already been provided by former News UK chief executive Rebekah Brooks last year, the court heard, but Mr Sherborne said that these had been “cherry-picked”.
These included discussions between NGN and the Royal Household before Harry began legal action in 2019, and conversations about a possible apology being made by the publisher.
Anthony Hudson KC, for NGN, opposed the bid, saying the emails were “not relevant to the pleaded issues” in the prince’s case and were “not necessary to ensure a fair trial will take place”.
He added that “extracting” the emails would cost £17,000.
In a ruling, Mr Justice Fancourt said there was a “degree of speculation whether any of the documents sought are going to assist the claimant’s case”, but ultimately ruled there was “sufficient justification” for a limited number of emails to be provided.
He said: “In all the circumstances, therefore, it seems to me that there is a limited category of documents where despite the element of delay, and despite the relative lateness of the application, there is a credible case for saying a full picture is necessary in the interest of justice.
“I will, however, limit the documents that are being sought,” the judge added.
The judge also added it was “unsatisfactory that so little progress has been made” and that there needs to be “further work done on both sides”.
The court heard the trial is expected to last between six and eight weeks, and a further hearing is due to be held in December.
Others who have settled their claims in recent years include actress Sienna Miller, ex-footballer Paul Gascoigne, and actor Hugh Grant.
Grant previously claimed journalists had used private investigators to tap his phone and burgle his house – NGN denied the claims against it. He said in April that he “did not want to accept” the “enormous sum of money” he had been offered to settle but a trial was likely to prove “very expensive”.
A spokesperson for NGN said it published an apology in 2011 to “victims of voicemail interception by the News of the World”, adding that the company had “publicly committed to paying financial compensation” and had since “paid settlements to those with proper claims”.
They added: “It is common practice, and indeed encouraged in litigation, to seek to settle claims outside court where both parties agree without the cost of a trial.”
