The Duke and Duchess of Sussex and Family, News and Events 8: April - August 2023


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If the judge was waiting for Harry to reach the necessary threshold of plausibility and cogency, it will have been a very frustrating few days.
 
Legal question: Could HRH The Duke of Sussex argue that he confused both his discovery of the secret deal and his discovery of the tabloid's actions as two incidents several years apart when they were either the same event or closer together than he testified before? It probably wouldn't strengthen the phone-hacking claims (since the judge does not believe the secret deal story at all), but it could bring them back within the statue of limitations.
 
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Are you asking whether it would help the Duke if he retracted his recent claim that he was told in 2012 about his voicemail being hacked on mutiple occasions, and returned to his original claim that he was unaware of this until much later (around 2018)?

I don't think it would affect the judge's finding that the Duke of Sussex knew about the phone hacking claims for over six years before he filed his lawsuit. Apart from that statement, the judge had several other reasons for concluding that the Duke of Sussex already knew, or should have known, about the alleged phone hacking by 2012 (refer to paragraphs 112 through 132 of the judgment):

- The Duke, in this court case, cites 206 articles in the Sun as "suspicious" because (he says) they appear to use information derived from hacked voicemails. Those articles had already been published by 2012-2013. As the judge said, "The fact that private information was published without the Duke's consent [...] [in] each publication is evidence of something having gone wrong that enabled NGN to obtain the private information."

- By 2012, other complainants had already filed lawsuits and made detailed allegations of phone hacking based on similar articles published in the Sun.

- The Duke, by his own admission, learned in 2012 that two Palace employees had sued NGN over phone hacking, and knew about his friend Guy Pelly's and Jude Law's settlements in 2012 of claims against the Sun for phone hacking.

- There are letters showing that in 2012, the Royal Family's law firm claimed to already have clear evidence of Prince Harry and other royals being targets of phone hacking, including evidence from a friend of William and Harry.


(I might not have understood your question, so please let me know if I have not answered it.)
 
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As evidence that the secret agreement existed, the Duke of Sussex stated that Prince William waited until 2019 to sue NGN, NGN settled Prince William's claim for a huge sum instead of attempting to have it struck out with the statute of limitations, and NGN also immediately offered him (the Duke of Sussex) a settlement when he threatened to sue them in 2019.

The judge rejected the argument (paragraphs 85-88). According to the judge, all that these events (assuming they happened as the Duke said) prove is that Prince William was willing to wait to give NGN time to attempt a private settlement, and that "NGN was willing to make a settlement offer rather than become embroiled in public litigation with senior members of the Royal Family".
 
I truly wished I understood Harry "endgame" in all of this. Is he waiting for an apology from the press, the RF? How could he pursue this without giving clear cut examples of the merits (i.e. collaboration between the RF and the press) of the suit?
 
I truly wished I understood Harry "endgame" in all of this. Is he waiting for an apology from the press, the RF? How could he pursue this without giving clear cut examples of the merits (i.e. collaboration between the RF and the press) of the suit?

I imagine he does want himself good publicity and seem victim of the royal family regarding this matter. But I think that’s a secondary motive, he has real agenda against the press and took an opportunity to attack them in court. Also I think he would want the money and be frustrated he wasn’t offered as much as William in settlement in 2019, without understanding why that is. I think he has made himself believe the secret agreement is real and doesn’t feel he is giving contradictory information to court.

Lawyers might give him advice how likely it is that he can win, but if he is emotionally invested in this it’s unlikely he will just give up.
 
I imagine he does want himself good publicity and seem victim of the royal family regarding this matter. But I think that’s a secondary motive, he has real agenda against the press and took an opportunity to attack them in court. Also I think he would want the money and be frustrated he wasn’t offered as much as William in settlement in 2019, without understanding why that is. I think he has made himself believe the secret agreement is real and doesn’t feel he is giving contradictory information to court.

Lawyers might give him advice how likely it is that he can win, but if he is emotionally invested in this it’s unlikely he will just give up.

I think you are correct with regards 'emotionally invested ', I do not know if he has a case or not but you know sometimes it is better to walk away from situations.

He obviously feels right is on his side, and he is on a mission but is it worth it.
 
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