Prince Harry could face a multimillion-dollar legal bill after losing his privacy lawsuit against the publisher of the Daily Mail.
Associated Newspapers is seeking an interim payment of £10 million, about $13 million, from Harry and six other claimants, including Sir Elton John, after the court rejected their allegations that private information had been obtained unlawfully.
The ruling came earlier this month, only hours after Harry arrived in Britain. In a summary of the judgment, Justice Matthew Nicklin said the claimants had been required to prove that information published about them had been obtained illegally, and that suspicion alone was insufficient.
“The court rejected the argument that simply because the information was private, and because Associated could not explain with certainty how it was obtained, the information in the article must necessarily have been obtained unlawfully,” he wrote.
Hours after the ruling, reports emerged that Harry and the other claimants could face tens of millions of dollars in legal costs. “Prince Harry and the six other claimants could receive a legal costs bill of up to about £50 million, or roughly $67 million,” New York civil litigation attorney Nicole Brancato, who was not involved in the case, told Page Six.
She described it as one of the most expensive media privacy cases in recent years and said the division of liability among the claimants would be determined at a later hearing. Associated Newspapers called the ruling a decisive victory for the newspaper, its journalists and “the free press generally.”
At a hearing Wednesday over how much of the Mail’s legal costs the claimants should pay, Associated’s attorney, Antony White, argued that they should be ordered to pay on an indemnity basis. Under such an order, the losing side may be required to cover the other party’s costs without the usual requirement that those expenses be shown to be proportionate.
The court was told that Associated had accumulated legal costs of £34.5 million, about $45.8 million, while Harry and the other claimants reportedly have insurance coverage of only £16 million. White sharply criticized the litigation, describing it as an attempt to create a “litigation feast” against Associated. He argued that the claimants had advanced exceptionally serious and wide-ranging allegations without supporting evidence, driving up the publisher’s costs.
White also criticized a statement issued by Harry after the ruling, saying the prince had improperly used his royal and celebrity status. “It was wholly inappropriate and unreasonable,” he said. Associated is reportedly seeking an interim payment of £10 million.
Nicholas Bacon, representing the claimants, said in written submissions that Associated’s £34.5 million legal bill was “astonishingly high” and far exceeded the agreed budget. He also said it had been reported that Associated wanted to teach the claimants a lesson by securing costs on an indemnity basis.
Elton John
(Photo: Gettyimages)
The claimants have offered an interim payment of £8 million by August 28. Sources familiar with the case said Harry and Meghan could face difficulty covering the costs. “Whoever is funding the litigation is expected to help Harry as well,” a legal source said.
The source suggested Elton John, a longtime friend of Harry’s late mother, Princess Diana, could assist him. “Elton John may certainly help him. They are very close,” the source said.
John’s fortune is estimated at about $640 million, according to the Sunday Times Rich List. The costs hearing is expected to continue Thursday, with further figures and decisions still to come.