The publisher of the Mirror newspaper has admitted there is “some evidence” of unlawful information gathering (UIG) in relation to a High Court challenge brought by the Duke of Sussex that “warrants compensation”.
In court documents released at the start of a trial in London, Mirror Group Newspapers (MGN) said it “unreservedly apologises” for instances of unlawful information gathering, which the publisher said “will never be repeated”.
However the publisher denies phone hacking was used to target the Prince and is challenging claims that unlawful activity was used for 28 of the 33 articles Harry has complained about.
The Duke of Sussex is set to give evidence in the High Court during the seven-week trial, breaking a long-standing tradition that members of the Royal Family do not become personally embroiled in legal battles.
Andrew Green KC, representing MGN, said the publisher will argue news stories that Harry believes came from unlawful activity “came from information disclosed by or on behalf of Royal households or members of the Royal Family; from information and photographs sold to the newspaper by freelance journalists and news agencies, photographers and photography agencies; others from confidential sources (including sources with extensive royal contacts); prior reports in the public domain and, in one case, from an on-the-record interview given by the Duke of Sussex himself.”
Harry is suing MGN alongside Hollyoaks star Nikki Sanderson, comedian Paul Whitehouse’s ex-wife Fiona Wightman and actor Michael Le Vell, who plays Kevin Webster in Coronation Street.
Mr Green said in his written submission: “There is some evidence of the instruction of third parties to engage in other types of UIG in respect of each of the claimants” except for Mr Le Vell whose claim is “entirely denied”.
He added: “MGN unreservedly apologises for all such instances of UIG, and assures the claimants that such conduct will never be repeated. This apology is not made with the tactical objective of reducing damages, MGN accepts that an apology at this stage will not have that effect, but is made because such conduct should never have occurred.”
Turning to details of the targeting of Harry that is admitted, Mr Green said a private investigator was instructed by a journalist at The People to unlawfully gather information about a night at the Chinawhite nightclub in February 2004.
A payment of £75 was made for “Enquiries made regarding Harry & Chinawhites” in February 2004.
“It is admitted that this represented an instruction to engage in unlawful information gathering, and MGN unreservedly apologises and accepts that the Duke of Sussex is entitled to appropriate compensation for it.
“MGN does not know what information this related to, although it clearly had some connection with his conduct at the nightclub.”
Opening the case against MGN, barrister David Sherborne said the claimants fell victim to tabloid newspaper phone hacking and unlawful activity “on an industrial scale at three different newspapers over the course of 20 years.”
He said Harry’s claim dates from 1995 – just after the breakdown of his parents’ marriage – until 2011 and involves “the most intrusive methods to obtain private information”.
Mr Sherborne said press interest in the Royal Family is constant but was “enormous” in the mid-90s, due to the breakdown of the marriage of King Charles and Princess Diana, and the Princess of Wales’ tragic death in August 1997.
“At the time, the Duke of Sussex was just a 12-year-old boy”, he said. “We all remember the images of him walking behind his mother’s coffin.
“From that moment on, as a schoolboy, through his career in the Army, and starting out as a young adult, he was subjected, it was clear, to the most intrusive methods of obtaining his personal information.”
He added that “Prince or not, the blatantly unlawful and illegal methods used to get any piece of information about life away from Royal duties...was quite frankly, appalling.”
“No one should be subjected to that,” Mr Sherborne added.
Mr Sherborne said the Duke and his three fellow claimants are suing for damages in a case that will also detemine the fates of around 100 other phone hacking claims against MGN.
“It’s a flood of illegality”, said Mr Sherborne, saying hacking was approved across different desks at the newspapers and known about at board level.
He said Harry complains that 147 news articles were the product of illegal activity, with 33 of them due to be scrutinised in detail during the trial.
Phone data from ex-girlfriend Chelsy Davy is due to be part of the case, as well as evidence from MGN insiders who claim former Mirror editor Piers Morgan knew about phone hacking for stories.
Harry suggests newspaper attention put his relationship with Ms Davy under “a huge amount of unnecessary stress and strain” and ultimately caused the romance to fail.
“MGN’s activities led Ms Davy to make the decision that ‘a Royal life was not for her’, which was ‘incredibly upsetting’ for the Duke of Sussex at the time”, according to a statement handed to the court.
“They also caused their circle of friends to become smaller and smaller, meaning that friendships were lost entirely unnecessarily, and led to ‘huge bouts of depression and paranoia’.”
Ms Sanderson sat next to Mr Le Vell – real name Michael Turner – behind barristers as the trial was opened.
Mr Sherborne said the allegations include “mobile telephone voicemail interception, the obtaining of information by deception or “blagging” and the use of private investigators for unlawful activities”.
The court heard former Sunday Mirror feature writer Dan Evans, who has previously admitted routinely hacking phones for stories, is due to be the first witness in the trial.
Singer Cheryl, the estate of the late singer George Michael, ex-footballer and television presenter Ian Wright, actor Ricky Tomlinson, and Labour spin doctor Alastair Campbell are also understood to be involved in the case.
MGN admitted there was phone hacking at its newspapers – the Daily Mirror, Sunday Mirror, and The People – and it has already paid out millions in damages to affected celebrities, politicians, and public figures.
The media organisation was ordered to pay £1.8 million in damages in 2015 after a first phone hacking civil trial involving former Coronation Street actress Shobna Gulati, ex-footballer Paul Gascoigne and actress Sadie Frost.
In the current trial, MGN is set to argue that claims brought by Prince Harry and others are too late and should be dismissed.
Mr Green highlighted in written submissions publicity of phone hacking at the media group dating back 15 years.
The trial continues.
