Prince Harry wins High Court battle over defamatory Mail on Sunday article

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·Breaking News Editor, Yahoo News UK
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The Duke of Sussex arriving for the National Service of Thanksgiving at St Paul's Cathedral. (PA)
The Duke of Sussex arriving for the National Service of Thanksgiving at St Paul's Cathedral. (PA)

The Duke of Sussex has won a High Court battle against a Mail on Sunday article claiming he kept a previous legal battle a secret.

A High Court judge ruled on Friday that parts of an article in the paper about a legal claim against the Home Office was defamatory.

The piece was published in February under the headline: “Exclusive: How Prince Harry tried to keep his legal fight with the government over police bodyguards a secret… then – just minutes after the story broke – his PR machine tried to put a positive spin on the dispute.”

At a hearing in June, Mr Justice Nicklin was asked to determine the “natural and ordinary” meaning of the parts of the article in the claim, and whether they were defamatory.

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The Duke and Duchess of Sussex leaving following the National Service of Thanksgiving at St Paul's Cathedral, London, on day two of the Platinum Jubilee celebrations for Queen Elizabeth II. Picture date: Friday June 3, 2022.
The Duke and Duchess of Sussex pictured in London in June for the Queen's Platinum Jubilee. (PA)

Discussing one of the meanings of the article, Mr Justice Nicklin said a reader would think Harry “was responsible for public statements, issued on his behalf, which claimed that he was willing to pay for police protection in the UK, and that his legal challenge was to the Government’s refusal to permit him to do so, whereas the true position, as revealed in documents filed in the legal proceedings, was that he had only made the offer to pay after the proceedings had commenced”.

He also said the article would have been read as alleging Harry “was responsible for trying to mislead and confuse the public as to the true position, which was ironic given that he now held a public role in tackling ‘misinformation’”.

Mr Justice Nicklin added: “It may be possible to ‘spin’ facts in a way that does not mislead, but the allegation being made in the article was very much that the object was to mislead the public.

“That supplies the necessary element to make the meanings defamatory at common law.”

The senior judge also found that the article did not suggest that Harry “was seeking to keep his ‘legal battle’ with the Government secret”, though it was suggested by the headline if read alone.

The Duke of Sussex at the Invictus Games closing ceremony at the Zuiderpark, in The Hague, Netherlands. Picture date: Friday April 22, 2022.
A High Court judge ruled on Friday that parts of an article in the paper about a legal claim against the Home Office was defamatory. (PA)

He continued: “Read as a whole, the article was quite clear that he was seeking certain confidentiality restrictions in relation to ‘documents and witness statements’ in the proceedings, not blanket secrecy on the whole claim.”

The judge found that an ordinary reader would understand the article to mean that Harry “had initially sought confidentiality restrictions that were far-reaching and unjustifiably wide and were rightly challenged by the Home Office”.

Friday’s judgment only relates to the “objective meaning” of the article, Mr Justice Nicklin said, adding it is the first stage in the libel claim.

On Thursday, lawyers for Harry asked a High Court judge to grant permission for a full judicial review of the decision of the Executive Committee for the Protection of Royalty and Public Figures (Ravec) – which falls under the remit of the Home Office.

A decision on whether this claim can proceed will be given at a later date.

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