The opening day of Prince Harry’s damages battle against the owners of The Sun newspaper has been delayed after it emerged both sides were involved in possible settlement negotiations following years of legal warfare .
The duke’s lawyers were due to begin an eight-week trial on Tuesday over his allegations that journalists at News Group newspapers used illegal techniques to pry into his private life – and executives then covered up the affair.
Moments before they began presenting their case, they requested an adjournment.
However, after hours of secret discussions and no sign of a final agreement that would change the nature of the trial, the judge demanded that both sides begin – leading them both to say they would ask the Court of Appeal to cancel this order.
The practical effect of their objection is that the matter has been delayed until at least 10am on Wednesday – meaning both sides have more time to negotiate.
It’s unclear what exactly came up during the last-minute negotiations.
Prince Harry has repeatedly said he wants a trial to secure “accountability” for other alleged victims of the illegal collection of private information by NGN journalists.
NGN denied there was any wrongdoing within the Sun or that the group’s leaders covered it up.
The Rupert Murdoch-owned empire has long admitted that journalists at the News of the World, which closed in 2011, did use illegal techniques, but has always denied it was widespread.
This morning, lawyers for Prince Harry and former Labor MP Lord Tom Watson, the other remaining claimant, asked Mr Justice Fancourt to delay the opening of the case twice – meaning the court has not sat until 2 p.m.
David Sherborne, Prince Harry’s lawyer, said there were potentially “good prospects” of a deal that would buy the court time.
“We are very close, there is a problem of time and getting instructions,” he said.
“That’s not the only factor.”
News Group Newspapers’ Anthony Hudson KC added that the parties needed more time due to the “time difference” and said both sides were involved in “settlement dynamics”.
Judge Fancourt – who has repeatedly criticized both sides for their long delays and arguments over how the case should be conducted – refused to grant them more time, saying the case should begin even if There were still discussions behind the scenes that could change the situation. nature of the trial.
“I am not persuaded that if there was a real desire to resolve this matter, it could not have been done today,” the judge said.
Lawyers for News Group Newspapers then requested that the court sit behind closed doors – without the presence of the media – to find out more about what was happening.
The judge refused, saying he was not going to sit in ‘secret’ – then Prince Harry’s team and NGN’s lawyers said they would ask senior judges to overturn the order to begin .
