The Duke of Sussex v News Group Newspapers Limited
[2023] EWHC 1944 (Ch)
HRH The Duke of Sussex v News Group Newspapers Limited
27 June 2024
[2024] EWHC 1730 (Ch)
High Court
A famous person is being sued, and the court said he didn't give enough information to the other side. The judge ordered him to search his computers and phones better and get more documents from his lawyers and the Royal Household to make sure the case is fair.
Key Facts
- •Application for specific disclosure by News Group Newspapers Limited (NGN) against HRH The Duke of Sussex.
- •Disclosure concerns documents relating to the Duke's knowledge (or constructive knowledge) of unlawful information gathering before 27 September 2013.
- •Previous summary judgment granted to NGN on voicemail interception claim due to limitation.
- •Dispute over adequacy of the Duke's disclosure regarding the 'Knowledge Issue' (knowledge of unlawful information gathering relevant to limitation defense).
- •Significant delays and disagreements over disclosure, including the late discovery of documents held by the Royal Household.
- •Destruction of potentially relevant documents (messages and drafts of 'Spare') between 2021 and 2023.
- •The Duke's personal involvement in document searches and selection in California, causing concerns over thoroughness and understanding of the 'Knowledge Issue'.
Legal Principles
Section 32 of the Limitation Act 1980 determines whether the claimant did not know, and could not by the use of reasonable diligence have found out, enough about the remaining allegations of unlawful information gathering to appreciate before September 2013 that he had a worthwhile claim against NGN.
Limitation Act 1980, Section 32
In an application for specific disclosure, the court must be satisfied that the disclosure sought is necessary for the fair disposal of the claim.
Court precedent (implied)
Correct standard disclosure must be given, and artificial restrictions on searches are inappropriate.
Court precedent (implied)
Outcomes
Ordered further searches of the claimant's laptop, cloud storage of texts and WhatsApp messages, Signal platform, and two hard drives provided by the Royal Household.
Concerns that adequate disclosure relevant to the Knowledge Issue had not been provided; inadequate searches previously conducted; necessity for fair trial.
Ordered claimant's solicitors to send letters to Harbottle & Lewis and the Royal Household requesting relevant documents.
Potential for these letters to facilitate document disclosure and avoid further non-party disclosure applications; materiality of documents to the Knowledge Issue.
Ordered the claimant to provide a witness statement explaining the destruction of documents.
To clarify the circumstances surrounding the destruction of potentially relevant Signal messages and drafts of 'Spare'.