High Court Describes Missing Evidence in Daily Mail Case as 'Stark in the Extreme'
The High Court has been told that the amount of lost or destroyed documents relating to the Daily Mail publisher's use of private investigators is "stark in the extreme," with claimants arguing this conceals the true scale of alleged unlawful information gathering.
Claimants Allege Massive Scale of Unlawful Activity
In closing submissions for the 10-week, multimillion-pound case against Associated Newspapers Ltd (ANL), David Sherborne, the leading barrister for the claimants, stated the court should conclude "the true scale" of unlawful information gathering at the publisher "was enormous." The claimants include high-profile figures such as Prince Harry, Elton John, and Doreen Lawrence.
Sherborne emphasized that "there would have been thousands of invoices underpinning these payments [to private investigators], all of which have been destroyed or not located." He described the disparity between the known universe of payments to private investigators, which he called "vast," and the small number of invoices disclosed as particularly striking.
Discovery of 'Pandora's Box' and Specific Allegations
The court heard that one box containing records of payments to private investigators—dubbed "Pandora's box" by Sherborne—was only discovered accidentally by a legal worker last year. This discovery has allowed the claimants' legal team to draw connections to alleged unlawful activities.
For instance, Sherborne pointed to invoices relating to a private investigator that showed former Mail on Sunday journalist Katie Nicholl had "an ongoing interest" in actor Sadie Frost, particularly regarding a draft story about Frost's ectopic pregnancy that was never published. Records from the "Pandora's box" allegedly correspond to detailed medical information about Frost found in Nicholl's notebook, which the claimants claim came from a "blag" by a private investigator.
Nicholl has countered that the information originated from a freelance journalist with "a very, very good source" within Frost's inner circle.
Further Examples and ANL's Defense
Another example cited involved a story by Daily Mail royal editor Rebecca English about Prince Harry's holiday with former girlfriend Chelsy Davy. An email from private investigator Mike Behr containing Davy's flight details was disclosed through separate litigation, not by ANL. English has stated the information was "never asked for and it was never acted upon."
ANL, in its closing submissions, asserted it had taken a "demonstrably conscientious and generous approach to disclosure," providing over 2,700 documents. The publisher denied all claims, arguing that the claimants initially made "headline-grabbing allegations" of hacking, phone tapping, and bugging in hopes that disclosure would support their case and lead to a settlement.
ANL's legal team maintained that their "robust and comprehensive defense" has resulted in many of the claimants' most serious allegations being struck out, abandoned, or significantly reduced before or during the trial.
Focus on Journalists and Ongoing Disputes
The claimants' legal team is now concentrating on four journalists: Katie Nicholl, Rebecca English, former reporter Stephen Wright, and former Daily Mail showbusiness editor Nicole Lampert. Additionally, both sides continue to debate the role of private investigator Gavin Burrows, who made alleged confessions of unlawful activity for ANL in a 2021 witness statement, only to later claim the document was forged by former phone hacker Graham Johnson.
The case continues as the High Court examines these complex allegations and the implications of the missing evidence.
