A High Court judge concluded Thursday that Prince Harry’s lawsuit accusing the publisher of The Sun tabloid of illegally snooping on him can proceed to trial, but not on charges of phone hacking.
The Duke of Sussex claimed that the publisher of The Sun and the now-defunct News Of The World hacked his phone and illegally gathered information on him dating back two decades.
News Group Newspapers (NGN), owned by Rupert Murdoch, argued that the complaint should be dismissed since the claims were filed after the six-year statute of limitations had elapsed.
According to Justice Timothy Fancourt, Harry was aware of the phone hacking incident well enough to pursue those claims sooner, but he could proceed on charges of other illicit information gathering (UIG), such as the use of private investigators paid to dig up dirt on him.
“There is no evidence currently before me that the Duke knew before the (deadline to file a suit) that NGN had done anything other than hack his mobile phone (at the News of the World),” Fancourt wrote. “Knowing or being aware of a worthwhile claim for voicemail interception does not imply knowledge or awareness of a worthwhile claim for other types of UIG.”
A News Group Newspapers representative termed the verdict a “significant victory” that “significantly reduces the scope of his legal claim.”
The decision was similar to one issued by Fancourt in May in a related case brought by actor Hugh Grant, which similarly dismissed phone hacking claims.
Harry’s counsel contended that he was barred from pursuing his action because of a “secret agreement” between the royal family and the tabloids calling for a settlement and apology. The agreement, which the prince said was approved by the late Queen Elizabeth II, would have avoided future royal litigation.
The publisher denied any secret arrangement existed, and Fancourt claimed Harry failed to show evidence of such an agreement.
The reason for the secret arrangement, according to Harry, was to avoid putting members of the royal family on the stand to recite embarrassing voicemails intercepted by reporters.
In his conflicts with the press, Harry has filed three phone hacking cases against British tabloid publications.
The ruling comes less than two months after Harry testified in his action against the Daily Mirror’s publishers. In more than a century, he was the first senior member of the royal family to testify in court.
