Author: Iona Barron

Prince Harry & Lord Watson win case over unlawful information gathering.

The Duke of Sussex, Prince Harry, and former deputy Labour leader, Lord Watson, have achieved a landmark victory in their unlawful information gathering claim against News Group Newspapers Limited (NGN). The case centered on allegations that NGN engaged in unlawful practices, including phone hacking, surveillance, and the misuse of private information, through the actions of journalists and private investigators.

Background of the Case
News Group Newspapers is the publisher of The Sun and the now defunct News of the World, which closed in 2011 amid the phone hacking scandal. Both Prince Harry and Lord Watson brought legal claims against NGN, alleging serious invasions of their privacy spanning several years.

Prince Harry alleged that NGN unlawfully targeted him through private investigators and journalists working for the publisher. This included accusations of information being deceitfully obtained or blagged from phone companies and other private sources.

The Settlement
The trial, which was due to begin in the High Court earlier this week, was avoided at the last moment when the parties reached an out of court settlement. If the trial had proceeded, it would have involved an in depth examination over seven weeks of whether NGN's journalists or private investigators engaged in unlawful information gathering and whether articles published in The Sun and News of the World were a direct result of such practices.

As part of the settlement, NGN issued a "full and unequivocal" apology to Prince Harry for what they admitted was a "serious" intrusion into his private life between 1996 and 2011. Specifically, NGN acknowledged the unlawful activities carried out by private investigators working for The Sun but stopped short of extending the apology to the newspaper's journalists.

NGN also admitted that journalists and private investigators at News of the World were involved in unlawful phone hacking, surveillance, and the misuse of private information. In a significant and historic acknowledgment, the apology also extended to Princess Diana, recognising that she, too, had been unlawfully targeted during her lifetime.

Compensation
In addition to the public apology, NGN has been ordered to pay "substantial damages" to Prince Harry. While the exact sum remains undisclosed, it is widely believed to be in the region of £10 million. This compensation reflects not only the severity of the breaches but also the historic nature of this case, which has been described as a turning point in holding media organisations accountable for unlawful practices.

What needs to be proved in an unlawful information gathering claim?

Unlawful information gathering claims typically hinge on several key points:

- Breach of Privacy: The claimant must demonstrate that their privacy was invaded in a manner that violates their rights under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life.
- Unlawful Methods: The claimant must show that the defendant used illegal means to obtain information. This can include hacking, blagging (deceiving organisations to release confidential information), surveillance, or unauthorised access to private communications.
- Causation: It must be established that the unlawfully obtained information directly contributed to published articles or other outcomes that caused harm to the claimant.
- Harm or Distress: The claimant must provide evidence of harm, whether financial, reputational, or emotional, resulting from the unlawful activities.

This case is being hailed as a watershed moment in media accountability. For the first time, News Group Newspapers has publicly admitted that its private investigators engaged in unlawful activities, signalling a historic admission of guilt. While NGN previously apologised for phone hacking at News of the World, this case broadens the scope of their culpability to include the actions of private investigators at The Sun.

The victory for Prince Harry and Lord Watson reinforces the principle that no one, not even powerful media organisations, is above the law. It also highlights the ongoing challenge of protecting individuals from invasive practices in the digital age.

About Brandsmiths
Brandsmiths is the law firm for the world’s leading brands. With a highly skilled team of IP lawyers, the firm specialises in all matters related to intellectual property, confidential information, copyright, designs and database rights.

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