The Duke of Sussex is poised to accuse The Sun of destroying millions of emails as a landmark phone-hacking case was delayed twice on Tuesday.
Prince Harry, 40, will claim the newspaper deliberately deleted over 30 million emails to cover up alleged phone tapping carried out on himself and other public figures between 1996 and 2011.
He alleges the mass “cover-up” of incriminating evidence was authorised by senior figures like James Murdoch and former editor Rebekah Brooks under what was referred to as the “email deletion plan”.
The duke is suing News Group Newspapers (NGN) over allegations of unlawful information gathering, claiming that its journalists and private investigators targeted him through voicemail interception. NGN denies any unlawful activity took place at The Sun, and said deleted emails took place as part of usual company policy.
He will be joined by Caroline Flack’s mother, who will give evidence about the newspaper’s exposure of her late daughter’s relationship with the prince.
Christine Flack has alleged her daughter’s relationship with Harry was discovered and published through unlawful means.
The former Labour deputy leader, Tom Watson, is also taking legal action against the publisher, which ran the now-defunct News of the World as well as The Sun.
The trial before Mr Justice Fancourt, which has twice been adjourned since the duke began the legal action in 2019, is due to last 10 weeks, with Harry expected to give evidence over several days.
The judge has previously described the court battle as resembling a campaign between “two obdurate but well-resourced armies” that is taking up “more than an appropriate” amount of court time.
Several other high-profile figures have settled their cases against NGN, with 39 people settling claims between July and December last year.
In April last year, actor Hugh Grant settled his legal claim after being advised he risked being liable for £10m in legal costs if his case proceeded to a trial.
Others who have settled cases include actress Sienna Miller, former footballer Paul Gascoigne, comic Catherine Tate, radio presenter Chris Moyles, Spice Girl Melanie Chisholm, former Boyzone member Shane Lynch and actor Mathew Horne.
Speaking at The New York Times DealBook Summit in December, the Duke said he sought “truth and accountability” through legal action.
He said that 1,300 people had settled their claims, adding: “They’ve settled because they’ve had to settle. So therefore, one of the main reasons for seeing this through is accountability, because I’m the last person that can actually achieve that.”
The prince also said that he had become “professional” at litigation, but hoped “to retire fairly soon in that regard”.
A spokesperson for NGN said: “In 2011, an apology was published by NGN 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.
“In some cases, particularly those relating to The Sun, it has made commercial sense, and in accordance with common litigation practice, for the parties to come to a financial settlement without NGN accepting liability.
“These civil proceedings have been running for many years and concern only historical events from between 14 and 29 years ago.
“There are two outstanding cases which have not managed to come to a resolution and are proceeding to trial next week, relating to Lord Watson of Wyre Forest and the Duke of Sussex.
“Lord Watson makes allegations of unlawful information gathering and phone hacking concentrating on the period 2009-2011. NGN strongly denies that any of its titles hacked Mr Watson or acted unlawfully and will also argue his claim is brought out of time.
“The duke alleges unlawful information gathering from 1996-2011. His allegations of mobile phone hacking have been struck out by the court so will not be part of the trial.
“His claim focuses now on allegations of unlawful information gathering by enquiry agents and alleged private investigators instructed by NGN journalists mainly in the early 2000s.
“His claim will be fully defended, including on the grounds that it is brought out of time.
“Both claimants allege unlawful destruction of emails by News International between 2010-2011. This allegation is wrong, unsustainable, and is strongly denied.”
