Prince Harry has lost his high-profile privacy lawsuit against the publisher of the Daily Mail, in a ruling handed down by the U.K.’s High Court.
Harry was among a group of seven people, also including Sir Elton John and the actor Elizabeth Hurley, who had accused Associated Newspapers Limited (ANL) of carrying out or commissioning unlawful activities, such as hiring private investigators to place listening devices inside cars or “blagging” private records.
The judgment was handed down after Harry returned to the U.K. on Monday evening ahead of five days of appearances in London and Birmingham, including marking the one-year countdown to the 2027 Invictus Games.
He has not traveled to London with his wife, Meghan, or two children following a row with the U.K. government over his security arrangements.
Harry, who was not in court on Monday, claimed that 14 articles about him published by ANL used information that was gained by unlawful means.
The publisher vehemently denied the allegations at trial, and Tuesday’s ruling found in favor of ANL, dismissing each of the claimants’ claims.
Associated Newspapers described the High Court ruling as an “overwhelming victory” and a “magnificent vindication of the Daily Mail’s journalism.”
In a sweeping High Court judgment, Mr Justice Nicklin said the claimants had failed to prove that the specific articles they challenged were the product of unlawful information gathering, despite evidence that Associated Newspapers historically made extensive use of private investigators.
He stressed that the case was not a broad inquiry into the Daily Mail’s newsroom culture, writing that evidence of “widespread” or “habitual” wrongdoing could not substitute for proof in individual cases. He said that while the stories often contained highly private information, “suspicion is not proof,” with the claimants failing to establish a link between the reporting and unlawful methods.
The costs of the case, which was first lodged in 2022, are estimated to be in the region of $50 million, which the claimants could end up having to pay.
What did Prince Harry claim?
In his case, Harry’s claim centered on some of the most intimate reporting about his private life.
Among the highest-profile of the 14 articles was a 2006 Daily Mail story about his reaction with Prince William to the publication of photographs showing their mother, Princess Diana, as she lay dying.
Harry argued the article revealed details of an emotional private phone call between the brothers that could not have come from palace officials.
He also challenged a 2007 Mail on Sunday story about secret plans for the princes’ memorial concert for Diana, including claims about a private afterparty, guest list and conversations over whether Sir Elton John would attend.
Another key article was a 2011 Mail on Sunday report claiming Harry and former girlfriend Chelsy Davy had discussed rekindling their relationship over a private dinner at her apartment, detailing their conversations and her reservations about getting back together. Harry said only he, Davy or a very close confidant could have known those details.
What about the other claimants?
Sir Elton John and his partner David Furnish’s claims centered on 10 stories, including a 2007 Mail on Sunday report revealing secret plans for the private afterparty following Princess Diana’s memorial concert, including claims about whether Elton would attend, arguing any discussions with Prince Harry would have been confidential.
Sir Elton John and his partner David Furnish.
(Dave Benett via Getty Images)
They also sued over reports detailing the birth of their son Zachary, including articles about his surrogacy, family life and godparents, as well as stories about Elton’s illnesses, hospitalizations and canceled tour dates that they said disclosed private medical information.
Elizabeth Hurley’s claim focused on stories claiming she desperately wanted another baby, as well as coverage of the fallout from her relationship with Shane Warne, including a report that she feared losing the chance to become Zachary Furnish-John’s godmother. She also brought claims over earlier reporting about the birth of her son Damian and questions surrounding his paternity.
Other claims were brought by Baroness Doreen Lawrence, who is known for her campaigning following the racist attack in which her son Stephen Lawrence, 18, was murdered in 1993. Actor sadie Frost and U.K. politician Simon Hughes were also part of the lawsuit and had their claims dismissed.
ANL is the third publisher that Harry has taken legal action against, following previous lawsuits against News Group Newspapers (NGN), which is the publisher of The Sun, and Mirror Group Newspapers (MGN) over alleged unlawful information gathering.
