The Duke of Sussex will not attend the opening of his high-stakes trial against the publisher of The Sun when it begins in London on Tuesday.
Prince Harry, 40, is expected to return to the UK in February to give evidence in person. He will allege that he was targeted by journalists and private investigators working for Rupert Murdoch’s newspaper.
The duke is suing News Group Newspapers (NGN) over allegations of unlawful information gathering. Former Labour deputy leader Lord Tom Watson, is also taking legal action against the publisher, which owned 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 trial, presided over by Mr Justice Fancourt, has been delayed twice since the duke launched his case in 2019. It is expected to last 10 weeks, with Harry anticipated to give evidence over several days. NGN denies any unlawful activity took place at The Sun.
The judge has previously likened the legal battle to a campaign between “two obdurate but well-resourced armies” and noted it has consumed “more than an appropriate” amount of court time.
Several prominent figures have already settled claims against NGN. Between July and December last year, 39 individuals reached settlements, including actor Hugh Grant, who agreed to resolve his case in April after being warned he risked liability for £10 million in legal costs if it proceeded to trial.
Other individuals who have settled include actress Sienna Miller, former footballer Paul Gascoigne, comedian Catherine Tate, radio presenter Chris Moyles, Spice Girl Melanie Chisholm, ex-Boyzone member Shane Lynch, and actor Mathew Horne.
Speaking at The New York Times DealBook Summit in December, the duke said his legal battle was about “truth and accountability.”
He claimed that 1,300 people had already settled similar 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.”
Harry also remarked that he had become “professional” at litigation but hoped “to retire fairly soon in that regard.”
A spokesperson for NGN defended the publisher’s position, noting: “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.
“NGN will be calling a number of witnesses, including technologists, lawyers and senior staff, to defeat the claim. NGN’s case will involve a range of relevant witnesses to defend the case, including current and former employees.”
The trial is scheduled to begin at 10.30am on Tuesday at the Rolls Building in London.
