Associated Newspapers Ltd (ANL) has won the right to argue its honest opinion defence, following an attempt by Prince Harry to get it thrown out in a libel case. Prince Harry is suing the publisher of the Mail on Sunday over a 2022 article which he claims falsely suggested he had “lied” and attempted to manipulate public opinion, following a dispute over his UK security arrangements. The case centres on an article which, according to the judge, claimed the prince attempted to “mislead and confuse the public” over the dispute with the UK government. The trial is set to take place in 2024.
The Duke of Sussex has received media attention this week, following a separate hearing at the High Court, during which his lawyers argued against a decision to downgrade his UK security status after he ceased being a “working royal.” The Mail on Sunday has argued that Prince Harry did not make an offer to pay for his security before proceedings for judicial review had commenced. In contrast, the duke claims he made an offer at Sandringham the previous year.
Mr Justice Nicklin ruled that the defendant “has a real prospect, at trial, of demonstrating that the Duke of Sussex had not made an offer to the government to pay for his security before he began his proceedings for judicial review.” The publisher can use an honest opinion defence to protect against defamation in cases where statements are voiced as opinions rather than false statements of fact.
The headline of the article exclaimed that the Duke “tried to keep his legal fight with the government over police bodyguards a secret.” One of Prince Harry’s lawyers, Ian Mill QC, identified this as a breach of privacy as ANL had obtained his private mobile number which had been used by the government in the past to contact him about security matters. The trial is set to take place in 2024
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