So, in the end, Prince Harry folded. His much-ballyhooed case about News Group Newspapers, publishers of the Sun, which was due to begin in the High Court today and last for eight weeks, has concluded. The writing was on the wall yesterday, when Harry’s lawyer David Sherborne and News Group Newspapers’ barrister Anthony Hudson appeared to be inching towards a settlement, which has now duly occurred.
The Duke has avoided litigation in favour of a lucrative settlement
The no doubt considerable financial terms have not been disclosed. But as part of the agreement, NGN has issued a series of “full and unequivocal” apologies to the Duke of Sussex for “the serious intrusion by The Sun between 1996 and 2011 into his private life”, “the phone hacking, surveillance and misuse of private information by journalists and private investigators instructed by them at the News of the World”, “for the impact of the extensive coverage and serious intrusion into his private life as well as the private life of Diana, Princess of Wales, his late mother” and “for the distress caused to the Duke, and the damage inflicted on relationships, friends and family.”
The statement concludes that: “[We] have agreed to pay him substantial damages…it is also acknowledged, without any admission of illegality, that NGN’s response to the 2006 arrests and subsequent actions were regrettable.”
At first glance, this might seem like a straightforward win for Prince Harry. Not only has he received a substantial sum of money – which will undoubtedly be in the millions, possibly even higher – but he has avoided a lengthy and potentially embarrassing court case, involving matters that he (as well, of course, as NGN) would rather be left out of the public domain. Like every other claimant in this long, drawn-out affair, which is estimated to have cost NGN over a billion pounds in compensation, the Duke has avoided litigation in favour of a lucrative settlement. The wording of the suitably grovelling apology comes as close to accepting full responsibility for the company’s actions as it ever has in public, despite the carefully worded addition to the statement of “without any admission of illegality”. There will be America Riviera Orchard-branded sparkling wine popping open in Montecito tonight.
However, on closer inspection, the victory that Harry has obtained is Pyrrhic at best. He has acquired a taste for litigation over the past few years, whether he’s taking newspaper groups or the British government to court. This case was supposed to be his finest hour. The Duke of Sussex has branded himself a fearless opponent of the press; as recently as last month, he was stating publicly that “the goal is accountability. It’s really that simple.”
Even in the knowledge that, if the judge awarded him less money than NGN was offering in a settlement, Harry would be liable both for his costs and his opponents, he consistently stated his belief that the practices that NGN was responsible for needed to be challenged in court. He alone, a man whose recent endeavours have certainly made him considerably wealthy, was the person to do so.
Except, of course, in the end he wasn’t. Quite what NGN offered, apart from the public apology, to make him climb down so spectacularly remains a mystery. It has been suggested that they were “Surprised by the serious approach by Prince Harry for settlement in recent days”. Now they have avoided a lengthy, embarrassing court case, no doubt at considerable financial cost, but with at least some semblance of reputation salvaged. They might have acknowledged “unlawful activities”, but they have not had a judge pronounce that they have committed illegality in court. As for the Duke, he has proved in the end that all his fine words and courageous stances could be compromised for cash.
Harry’s decision to accept the settlement may have robbed the prurient of the chance to see him take his stand in this case, but it has also proved that, in the end, he lacked the courage of his convictions. It may be a victory for him, and no doubt will be treated as such in his triumphant statements, but it has also seemingly confirmed, if we were ever in doubt, that, for Harry, money, not principles, speaks loudest.
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