Tracking the flight details for Prince Harry and his former girlfriend Chelsy Davy carried “serious security implications”, a court has heard.
The High Court case against the Daily Mail publisher heard that efforts by the Duke of Sussex and his ex-partner were “entirely frustrated” by unlawful acts by private investigators, which included obtaining Ms Davy’s “exact flight details and seat number” for a trip to Africa.
The duke feels he has “endured a sustained campaign of attacks against him” because he “had the temerity to stand up” to Associated Newspapers Limited, his lawyer said.
On Monday, the publisher’s lawyers denied the accusations and claimed that Harry and other celebrities bringing legal action had “leaky” social circles.
The second day of the trial into alleged unlawful information gathering for the publication of stories about the claimants has resumed on Tuesday morning, with the Duke of Sussex telling the court on Monday that it was “disturbing to feel that my every move, thought or feeling was being tracked”.
Harry, Sir Elton John and his husband David Furnish, campaigner Baroness Doreen Lawrence, politician Sir Simon Hughes, and actresses Sadie Frost and Liz Hurley all allege Associated Newspapers Limited (ANL) had a practice of “clear systematic and sustained use of unlawful information gathering”.
This included hiring private investigators, “blagging” medical records and flight details, and accessing phone conversations.
ANL have denied the claims.
Key Points
- Duke of Sussex feels he has 'endured sustained campaign of attacks' from Mail publisher
- ‘Every thought was tracked – I was made paranoid,’ Prince Harry tells court
- Who are the seven people suing the Daily Mail publisher?
- Baroness Lawrence feels ‘betrayed’, trial hears
- Why is Prince Harry suing the Daily Mail’s publisher?
Hearing concludes for the day
15:26 , Holly EvansThe hearing concluded shortly before 3pm.
Judge Mr Justice Nicklin said he was trying to have the videolink adjusted so that people watching remotely could see documents.
Referencing the view of the courtroom that was currently shown on the video-link, the judge joked: “I don’t think we would be successful in selling that to Netflix.”
“Never say never,” David Sherborne, for the claimants, replied.
Prince Harry could begin evidence on Wednesday
15:06 , Holly EvansThe Duke of Sussex could begin giving evidence in the trial of his legal action against the publisher of the Daily Mail on Wednesday, the High Court has heard.
Harry, who is taking action in the courts against Associated Newspapers Limited with six other high-profile figures, was due to give evidence on Thursday, but opening submissions for both sides concluded earlier than expected on Tuesday.
David Sherborne, representing the group, said he would “endeavour to have the Duke of Sussex here at 2pm tomorrow”.
He said: “I will do my best and we will notify the court and the defendant.”
In response to a question from the judge, Mr Justice Nicklin, about whether Harry could be available to give evidence on Wednesday morning, Mr Sherborne responded that he needed to “make inquiries”.
Mr Justice Nicklin said the trial would resume at 10.30am on Wednesday.
Claims against publisher are 'threadbare', says Daily Mail lawyer
14:49 , Holly EvansAntony White KC, for Associated Newspapers Limited, said the claims of the group of high-profile figures suing the publisher were “threadbare”.
He told the court the group relied on three types of alleged concealment of information, including the alleged “concealment of time that the unlawful information gathering was instructed”, the “so-called ‘Leveson lies'”, and what the claimants had referred to as “aggressive denials” of wrongdoing.
He continued: “In the case of none of these three alleged acts of concealment do the claimants identify any particular fact relevant to their right of action that is alleged to have been concealed.”
Claimants 'clutching at straws in the wind', ANL lawyer says
14:25 , Holly EvansAntony White KC, for Associated Newspapers Limited, told the High Court that payments to private investigators by journalists were “examples of clutching at straws in the wind and seeking to bind them together in a way that has no proper analytical foundation”.
He continued that a witness statement allegedly given by one private investigator named in the case, Gavin Burrows, “provided the only direct evidence of the most serious allegations of unlawful information gathering”, and that the claims of Liz Hurley, Sir Elton John and David Furnish “rely heavily on the allegations made”.
But he continued that the claims made by Mr Burrows in the “disavowed” witness statement, including that he received large sums of money from the publisher, were “inherently implausible”.
Mr White said: “Associated is not a corner shop. It is audited. Auditors usually do not miss the haemorrhaging of large amounts of cash of this size.”
He added that it would be “unrealistic to think that the court could rely” on the claims allegedly made by Mr Burrows to make the “grave findings sought against Associated”.
He said: “If we are right about that, then the hole that will leave in the claimants’ case will be very significant indeed.”
In pictures: Prince Harry leaves court
14:18 , Holly Evans
Court resumes - but no sign of Prince Harry or Liz Hurley
14:10 , Holly EvansPrince Harry and Liz Hurley were not present in the courtroom when the trial of their legal action against Associated Newspapers Limited (ANL) resumed after the lunch adjournment on Tuesday.
Harry and Ms Hurley were the only two of the seven high-profile figures suing ANL to attend court in person on the second day of the trial against the publisher, having also done so on Monday.
The duke was seen leaving the Royal Courts of Justice after the court adjourned for lunch, with Antony White KC, for ANL, having started his opening submissions earlier.
Who are the key players accused of obtaining private information of celebrities?
13:40 , Holly EvansHere is a look at the private investigators who are alleged to have been used by ANL:
Detective Danno/Daniel Portley-Hanks
California-based private investigator Daniel Portley-Hanks, also known as Detective Danno, has told the court ANL paid him for more than 20 years to gather information in a way that was “not legal”.
The private investigator told the court he unlawfully obtained social security numbers, unlisted phone numbers, police records, toll records and licence plate data.
Trace Direct International/Express Locate International
Trace Direct International (TDI), also known as Express Locate International (ELI) and BDI UK Consultancy, was a private investigator business which Mr Sherborne alleged ANL used to obtain information unlawfully.
Mr Sherborne said on Monday that this included being commissioned for reports related to the then-home secretary David Blunkett and his “alleged relationship” with estate agent Sally Anderson, including flight details.
Jonathan Stafford
Jonathan Stafford, described as a “talented voice actor” in court documents, is a private investigator who was allegedly used by ANL as a “blagger”.
Mr Sherborne’s written submissions said an internal aide memo from October 2011 states that Stafford was “known in the features department as a blagger”, with the same memo also saying he was paid £220,144 from 1997 to October 2004 and that he “supplied showbiz tips and did mobile conversions”.
Mike Behr
Mike Behr, a South Africa-based freelance journalist, was allegedly used by ANL as a private investigator to obtain information about the Duke of Sussex and his ex-girlfriend Chelsea Davy.
Lee Harpin
Lee Harpin, a freelance journalist allegedly used by ANL between 2003 and 2005, was described as the “dauphine of phone hacking” during Mr Sherborne’s opening speech.
Steve Whittamore
The court was told on Monday that private investigator Steve Whittamore had said he was “in no doubt at all” that staff at ANL knew that information he gathered was “obtained through illegal means”.
Jonathan Rees
The former police officer, part of Southern Investigations, is accused of obtaining information unlawfully, including through phone tapping.
This included claiming he could get hold of the medical records belonging to the late Queen – Harry’s grandmother, the court heard.
John Ross
John Ross, a private investigator and former police officer, is alleged to have had an association with “undoubtedly corrupt” police officers, Mr Sherborne has said.
A look back at the timeline of key events
13:20 , Holly EvansThe Duke of Sussex is among seven prominent individuals initiating legal action against the publisher of the Daily Mail, with a nine-week trial currently ongoing.
Here is a look back at how this case has developed since they began their elgal claim in 2022:
Timeline of key events as Prince Harry phone hacking trial continues
Journalists provide 'compelling account' of sourcing articles, ANL says
12:51 , Holly EvansBeginning his opening speech on behalf of Associated Newspapers Limited (ANL), Antony White KC told the court journalists at the organisation provide a “compelling account of a pattern of legitimate sourcing of articles”.
The barrister said: “Associated, the defendant, defends these claims on two main grounds, firstly on the merits and secondly on limitation grounds.
“Associated has provided an explanation through a long series of witnesses of the sourcing by its journalists of the 50-plus articles alleged by the claimants to be the product of unlawful information gathering.
“We don’t pretend that that account is perfect and covers every detail, and not every journalist can remember every article, but we do say that overall, it provides a compelling account of a pattern of legitimate sourcing of articles.”
'Smoke and mirrors' cannot save Daily Mail publisher, lawyer says
12:46 , Holly EvansConcluding his opening submissions on behalf of the high-profile figures suing Associated Newspapers Limited, David Sherborne said that “smoke and mirrors” and “carefully orchestrated attacks” on the claimants could not “save Associated this time”.
He continued: “They have to live by their all-or-nothing defence.”
Addressing the judge, Mr Justice Nicklin, Mr Sherborne said: “If you do find such activity proven, the damages will have to be significant given the activities involved.”
He continued: “Your Lordship knows, as does Associated, that it is not the claim for damages that brings these claimants here.
“It is the uncovering of the truth of what was done to them, and Associated taking accountability for that.”
Seven of those suing discovered they had claims after 2016
12:42 , Holly EvansDavid Sherborne has told the court that part of Associated Newspapers Limited’s (ANL) defence that the claims have been brought too late is a “potential life raft in a sea of unlawful information gathering”, but that the publisher may not “be able to climb aboard”.
He told the court that all seven of the group, who sued ANL in 2022, discovered that they had “worthwhile” claims after 2016, meaning the claims had been brought in time.
Prince Harry's 'watershed moment' came after admissions by private investigators
12:34 , Holly EvansThe Duke of Sussex’s “personal watershed moment” about alleged unlawful information gathering by the Daily Mail’s publisher was in 2020 after he “learned about admissions made by private investigators”, the court heard.
Barrister David Sherborne told the court: “In 2020, he learned about admissions by private investigators relating to him – as he explains… he believed the denials on oath by (former Daily Mail editor Paul) Dacre that were given at the Leveson Inquiry.
“We shall see if Associated wish to suggest that Mr Dacre’s evidence at the inquiry was not properly to be believed by those that heard it at the time.
“As a result, to use the all important phrase from the authorities, the Duke of Sussex… was put off the scent.”
Daily Mail publisher gave 'aggressive denials' at Leveson Inquiry
12:19 , Holly EvansDavid Sherborne, for the group of high-profile individuals, said that Associated Newspapers Limited executives gave “robust and at times aggressive denials” of any wrongdoing at the Leveson Inquiry.
He continued that the publisher has denied “without exception not only any wrongdoing, but any evidence of it” in the legal claims.
He said: “We say it is Associated’s position in this which is preposterous and a particularly disgraceful one for the claimants to stomach, victims who have already suffered at the defendant’s hands.”
Sir Elton John and husband felt the safety of their children had been 'violated'
12:00 , Holly EvansSir Elton John and his husband David Furnish felt the safety of their children had been “violated” by alleged unlawful news gathering by the Daily Mail’s publisher, the High Court heard on Monday.
On the first day of a nine-week trial on Monday, the court in London was told that the couple also felt “outrage” at the alleged “stealing” of their son Zachary’s birth certificate and medical details after he was born.
ANL has strongly denied wrongdoing, with lawyers for the publisher telling the court that the claims made by Sir Elton and Furnish are “unsupported by any evidence before the court and utterly baseless”.
The couple allege 10 articles about them between 2002 and 2015 were based on unlawful information gathering by ANL.
In written submissions by barrister David Sherborne, he said of Sir Elton and Furnish: “They feel that their home, and the safety of their children and loved ones, has been violated.
“Mr Furnish explains that they are ‘profoundly affected by the uncertainty of not knowing how many times we were targeted… We still don’t know what was really done to us’.
“They are horrified that Associated has used their friendships against them by stealing information through those friends, which Sir Elton describes as ‘the exploitation of love, connection, trust and bonds to find out information shared in confidence’.
“Both Sir Elton and Mr Furnish underline the outrage they feel in light of Associated’s invasion into medical details surrounding the birth of their son Zachary, and the stealing of their son’s birth certificate ‘before we even had a chance to see it ourselves’.”
Travel plans between Harry and ex-girlfriend 'entirely frustrated' by unlawful acts
11:12 , Holly EvansDavid Sherborne, for the Duke of Sussex, told the High Court that efforts by him and his former girlfriend Chelsy Davy were “entirely frustrated” by unlawful acts by private investigators working for Associated Newspapers Limited.
Discussing one article containing travel plans in relation to a holiday in Africa, written in the Daily Mail by journalist Rebecca English, the barrister said: “They were not just intrusive, they carried with them serious security implications.”
He continued: “The contemporaneous evidence for this article, we say, is striking.”
Mr Sherborne told the court that private investigator Mike Behr was paid £200 in cash by Ms English for the “Chelsy tip”, which included Ms Davy’s “exact flight details and seat number”.
In an email from Mr Behr to The Sun reporter Duncan Larcombe, the investigator said he “had to do several searches to pick booking up”, and speculated whether Ms Davy was “trying to avoid detection”.
Mr Sherborne said that Mr Behr went to “such lengths that despite everything Ms Davy and the Duke of Sussex did to protect their privacy, it was entirely frustrated”.
Antony White KC, for ANL, said in written submissions that Ms English “strongly denies that she ever used Mr Behr for unlawful information-gathering”, and that the evidence “entirely supports” her.
Duke of Sussex feels he has 'endured sustained campaign of attacks' from Mail publisher
11:09 , Holly EvansThe High Court has heard the Duke of Sussex feels he has “endured a sustained campaign of attacks against him” because he “had the temerity to stand up” to the Daily Mail’s publisher.
Barrister David Sherborne told the court: “In his witness statement for the trial, the Duke of Sussex speaks of the impact which this has had on him – the distress, the paranoia and the other feelings that it generated.
“But given what we’ve seen, is it any wonder that he feels that way, or as he explains, that he feels he has endured a sustained campaign of attacks against him for having had the temerity to stand up to Associated in the way that he has so publicly done.”
No one sold more than Prince Harry, lawyer says
10:50 , Holly EvansStarting the second day of the trial against the Daily Mail publisher, barrister David Sherborne said that the interest in the royal family was “huge” for tabloids, and that nobody sold more than the Duke of Sussex.
As a result, there were “highly intrusive” stories published about his relationships prior to him meeting his wife Meghan.
This included potentially “serious security implications” as they tracked his movements, the court heard.
Prince Harry’s claim contains 14 articles published between 2001 and 2013, with the majority attributed to two journalists - Katie Nicholl and Rebecca English.
Second day of trial begins
10:34 , Holly EvansThe second day of the trial of the Duke of Sussex’s legal action against the publisher of the Daily Mail has begun at the High Court.
Harry, Sir Elton John, his husband David Furnish, campaigner Baroness Doreen Lawrence, politician Sir Simon Hughes, and actresses Sadie Frost and Liz Hurley are all taking action against Associated Newspapers Limited (ANL) over allegations of unlawful information gathering.
The duke has attended court for the second day and is sitting in the back of the courtroom at the Royal Courts of Justice in a dark suit.
Ms Hurley is also attending again on Tuesday with her son.
The trial before Mr Justice Nicklin at the Royal Courts of Justice in London is due to conclude in March.
Timeline of key events
10:26 , Holly EvansThe Duke of Sussex is among seven prominent individuals initiating legal action against the publisher of the Daily Mail, with a nine-week trial commencing on Monday.
Here is a timeline of the group’s claim against ANL:
Timeline of key events as Prince Harry phone hacking trial continues
Prince Harry returns to court for second day
10:12 , Holly EvansThe Duke of Sussex has returned to a London court for the second day of the trial of his legal claim against the publisher of the Daily Mail.
The duke, 41, attended the first day of the trial on Monday and returned to the Royal Courts of Justice in London at around on Tuesday ahead of the hearing resuming at 10.30am before Mr Justice Nicklin.
He arrived shortly after 10am on Tuesday at the Royal Courts of Justice, meeting his legal team outside as he smiled at supporters shouting “I love you Harry” and waving to reporters.
Harry is due to give evidence on Thursday as part of the trial, which is due to last nine weeks.
The group, many of whom also attended court on Monday, claims the publisher carried out or commissioned unlawful activities such as hiring private investigators to place listening devices inside cars, “blagging” private records and accessing private phone conversations.
ANL, which also publishes the Mail on Sunday, has strongly denied wrongdoing.
What can we expect from today?
09:54 , Holly EvansThe case against Associated Newspapers Limited (ANL) is now in its second day, after the trial opened at the High Court on Monday.
Due to last nine weeks, it will see Prince Harry and the likes of Sadie Frost and Sir Elton John take to the witness stand, with several senior journalists and editors also to give evidence.
Yesterday, we heard from David Sherborne, who is representing the claimants, as he set out the case against ANL.
He is expected to continue this morning, while we’ll also be bringing you the latest from the documents outlining their case.
Once he is finished, we’ll hear ANL’s opening remarks which is likely to begin this afternoon.
Prince Harry is the first witness scheduled to appear, and will be answering questions from both sides on Thursday.
Baroness Lawrence feels ‘betrayed’, trial hears
09:32 , Holly EvansBaroness Doreen Lawrence feels “profoundly betrayed”, the High Court heard at the start of the trial in her claim against the publisher of the Daily Mail.
The peer, best known for her campaigning after the racist murder of her 18-year-old son Stephen Lawrence, is one of a group of household names bringing legal action against Associated Newspapers Limited (ANL), which also publishes the Mail On Sunday.
The Daily Mail, under then-editor Paul Dacre, campaigned to bring Mr Lawrence’s killers to justice after his death in 1993.
On the front page of the paper’s February 14 1997 edition, the paper labelled five men – Gary Dobson, Neil Acourt, Jamie Acourt, Luke Knight, and David Norris – as “murderers” and challenged them to sue the newspaper for libel.
In January 2012, Dobson and Norris were found guilty of being involved in the attack and sentenced to life imprisonment, after a forensic review of the case found significant new scientific evidence on clothing seized from their homes following the murder.
On the first day of the trial on Monday, the court in London heard that Lady Lawrence felt “bitterly let down” by the paper over its alleged use of unlawful information-gathering.
Her barrister David Sherborne said: “For her, it was not about the headlines but about finding out about her son.”
In part of Lady Lawrence’s witness statement referenced in written submissions, she is said to say she feels “profoundly betrayed” and “violated”.
She can also be seen to say: “I am a victim all over again, but by people who I thought were my allies and friends.
“I am being made to fight when all I have ever wanted is to be told the plain truth and for justice to be done, and an apology.
Why is Prince Harry suing the Daily Mail’s publisher?
09:21 , Holly EvansThe trial of claims brought by the Duke of Sussex and several other high-profile figures against the publisher of the Daily Mail over allegations of unlawful information gathering began on Monday.
Harry, Sir Elton John, his husband David Furnish, campaigner Baroness Doreen Lawrence, politician Sir Simon Hughes and actresses Sadie Frost and Liz Hurley are all taking action against Associated Newspapers Limited (ANL).
The group claims that the publisher carried out or commissioned unlawful activities such as hiring private investigators to place listening devices inside cars, “blagging” private records and accessing private phone conversations.
The court previously heard that this included allegedly accessing medical information on Ms Frost’s ectopic pregnancy, “stealing” the birth certificate of Sir Elton’s newborn son, and targeting Baroness Lawrence in the years after her son’s murder.
Read the full article here:
Why is Prince Harry suing the Daily Mail and which other celebrities are involved?
Private investigator paid to obtain Harry's ex-girlfriend's flight details, court told
09:12 , Holly EvansThe Duke of Sussex was driven “paranoid beyond belief” with a “massive strain” left on his personal relationships due to alleged targeting by the publisher of the Daily Mail, the High Court has heard.
The duke told how he felt like his “every move, thought or feeling was being tracked and monitored” and how the alleged actions created “distrust and suspicion” and “driv(ing) me paranoid beyond belief, isolating me”.
Harry’s claim relates to 14 articles, bylined to various journalists but “most prominently Katie Nicholl and Rebecca English” – the latter now the Mail’s Royal Editor.
Among the duke’s allegations are that a private investigator called Mike Behr was commissioned to unlawfully obtain flight details and the seat number of Harry’s then-girlfriend Chelsy Davy for her journey to South Africa, and that he suggested to journalists that they could “plant someone next to her”.
Other articles related to “the intimate family matter” of Harry being chosen as godfather to the child of his former nanny Tiggy Legge-Bourke.
Another was about Harry’s “intimate relationship” with presenter Natalie Pinkham, where Harry alleges his “privacy was invaded through the act of gathering information concerning him through UIG”.
Who are the seven people suing the Daily Mail publisher?
09:09 , Holly EvansSeven high-profile people have brought legal action against the publisher of the Daily Mail over alleged unlawful information gathering at its titles.
The group are bringing claims against Associated Newspapers Limited (ANL), accusing it of carrying out or commissioning unlawful activities such as hiring private investigators to place listening devices inside cars or “blagging” private records.
ANL firmly denies the “preposterous” allegations, which are being tried over nine weeks in London.
Those making claims are:
- Prince Harry
- Sir Elton John and David Furnish
- Baroness Doreen Lawrence
- Former Liberal Democrat MP Sir Simon Hughes
- Actress Elizabeth Hurley
- Actress Sadie Frost
‘Every thought was tracked – I was made paranoid,’ Prince Harry tells court
09:06 , Holly EvansPrince Harry was left feeling “paranoid beyond belief” after the publisher of the Daily Mail tracked his “every move, thought or feeling”, a major court case against the company has been told.
The Duke of Sussex said that methods allegedly employed by Associated Newspapers Limited (ANL) – including obtaining flight details and monitoring the phone conversations of his ex-girlfriend Chelsy Davy – had placed a “massive strain” on his personal relationships and created “distrust and suspicion”.
King Charles’s younger son is joined by Sir Elton John and the singer’s husband David Furnish, campaigner and Labour peer Doreen Lawrence, politician Sir Simon Hughes, and actors Sadie Frost and Liz Hurley in accusing ANL of the “clear systematic and sustained use of unlawful information-gathering”.
Read the full story here:
‘Every thought was tracked – I was made paranoid,’ Harry tells court
