HRH The Duke of Sussex v News Group Newspapers Limited
[2024] EWHC 1730 (Ch)
The Duke of Sussex v MGN Limited
13 June 2023
[2023] EWHC 1617 (Ch)
High Court
The Duke wanted to use evidence from a different lawsuit to help his current case. A judge said he could use some of it, but not other parts, to keep things fair.
Key Facts
- •The Duke of Sussex applied for permission to use documents disclosed in other litigation (MTVIL) in his claim against MGN Limited (MNHL).
- •The documents included invoices from private investigators (PIs), emails relating to commissioned work, and an email referencing a PI.
- •The application was made under CPR 31.22(1), which governs the use of disclosed documents.
- •NGN opposed the application, arguing breach of duty and potential prejudice.
- •The judge considered whether the interests of justice favored permitting collateral use of the documents.
Legal Principles
Collateral use of disclosed documents is permitted only if the interests of justice favor it; it's exceptional and requires cogent reasons, with no unwarranted prejudice to the disclosing party.
CPR 31.22
There's an implied duty not to use disclosed documents for collateral purposes.
Tchenguiz v Grant Thornton UK LLP [2017] 1 WLR 2809 at [28] to [31]
The court must balance the legitimate interests of the party seeking permission against those of the disclosing party.
Crest Homes plc v Marks [1987] AC 829 at 860; Tchenguiz v Director of the SFO [2014] EWHC 1315 at [18]; [2014] EWCA Civ 1409 at [66]
Outcomes
Permission granted for the use of the first category of documents (invoices from PIs) in the MNHL trial.
The invoices are relevant to challenge Mr. Worden's evidence and do not inherently determine the illegality of NGN's actions. The potential prejudice to NGN is outweighed by the injustice to the Duke.
Permission denied for the use of the second and third categories of documents.
These documents' primary purpose is to establish unlawful activity by other entities, potentially prejudicing NGN in the MTVIL trial. The potential prejudice to NGN outweighs the injustice to the Duke.
The granted permission is restricted; documents can only be used for the MNHL trial and not for any other purpose.
To protect NGN from further prejudice and ensure compliance with CPR 31.22.