Prince Harry, Doreen Lawrence, Elton John, and other high-profile figures have lost their high-stakes privacy case against Associated Newspapers Ltd (ANL), publisher of the Daily Mail, Mail on Sunday, and MailOnline. The judge, Mr Justice Nicklin, delivered a 436-page verdict dismissing allegations that the newspaper group engaged in unlawful information gathering, leaving the claimants facing a huge legal bill that could reach £50m.
Allegations of Criminal Activity
The case, filed in 2022, alleged that ANL had used secret listening devices, corrupt payments to police, and illicit acquisition of medical and financial documents. Lawyers for the claimants described these practices as the "tip of the iceberg," setting the stage for a landmark trial that many saw as a final reckoning for British journalism's phone-hacking era. The group of claimants included Prince Harry, Doreen Lawrence, Elton John and his partner David Furnish, actors Liz Hurley and Sadie Frost, and former minister Simon Hughes.
Key Witness Discredited
The claimants' case unraveled during 11 weeks of testimony, largely due to issues with their key witness, Gavin Burrows. Burrows, a self-proclaimed whistleblower, had provided a witness statement alleging involvement in bugging cars and hacking celebrities, including Elton John's gardener. However, Burrows later claimed the statement was a forgery. The judge found the statement's compilation process flawed, noting that meetings with Burrows were conducted without notes and that the solicitor who signed off on the statement had not witnessed him signing it. Nicklin described Burrows's evidence as "argumentative, evasive, internally inconsistent and, at times, extraordinary."
Lack of Conclusive Proof
Without Burrows's testimony, the claimants relied on instances of "blagging"—obtaining information by deception. Two notable examples included a draft article about Frost's ectopic pregnancy in 2003 and exact flight details for Prince Harry's then-girlfriend Chelsy Davy in 2007. While the judge called the draft article "highly intrusive" and the flight details "incriminating," he concluded that unlawful tactics had not been proven. Lead barrister David Sherborne argued that missing documents, including invoices and emails, should shift the burden of proof to ANL, but the judge rejected this, stating that "the absence of documents cannot substitute for proof."
Impact and Legal Costs
The verdict leaves the claimants with a significant legal bill, as ANL seeks to recover its costs. The total cost of the case could reach £50m, and it remains unclear who will pay. The case has also strained the relationship between the Daily Mail and Doreen Lawrence, who became a figurehead for the claimants after being alerted to the case by Prince Harry. The Daily Mail had previously been a strong supporter of Lawrence's campaign for justice for her son, Stephen Lawrence, who was murdered in a racist attack in 1993.
