Prince Harry has been ordered, along with six other claimants, to pay an initial £9.54m in legal costs to the publisher of the Daily Mail after they lost their High Court privacy case. The seven claimants were ordered to make the payment by 28 August. The court also left open the possibility of further costs, which could increase the total bill by up to £25m more, in a decision for Associated Newspapers Limited (ANL). High Court Privacy Claim DismissedThe group brought the case against ANL over allegations of unlawful information-gathering, allegations the publisher denied. On 7 July, Mr Justice Nicklin dismissed the claims. He said the public figures had failed to prove the allegations made against the newspaper group. The judge said the costs order was exceptional, explaining that he was seeking to address the way the proceedings had been brought. He referenced what he described as unsupportable claims that senior figures associated with the newspaper group had lied to the Leveson inquiry. Initial Payment and Potential Total CostsThe claimants must attempt to appeal by 2 October. The group includes Sir Elton John and Liz Hurley, as well as Sir Simon Hughes, Sadie Frost, and Baroness Doreen Lawrence. Sir Elton John’s husband, David Furnish, is also listed as a claimant. ANL had sought an interim payment of more than £9.9m ahead of further hearings to assess its costs in detail. The claimants’ lawyers argued the interim payment should be just over £7.9m. Mr Justice Nicklin had previously indicated the claimants would need to pay the interim figure by 28 August. The judge ruled that ANL’s costs should be assessed on an indemnity basis, which can be more favourable to the publisher in terms of recoverable amounts, unless costs had already been dealt with by earlier orders. A separate insurance arrangement is also relevant. The claimants had insurance cover for up to £16.2m of ANL’s costs if they lost the case. With Friday’s ruling, the newspaper group may seek to recover up to £34.5m, meaning the claimants could face a combined bill of about £18m. Costs Basis and Judge’s CriticismMr Justice Nicklin described ANL’s potential £34m costs figure as “excessive”, adding that he did not think the group’s recoverable costs would necessarily rise to that level. He said he was not imposing a ceiling on ANL’s recoverable costs, arguing that a cap would be too broad and could be seen as arbitrary. The judge said it was “striking” that no allegations of serious wrongdoing had been withdrawn by the claimants. He added that allegations of criminality or grave impropriety should not remain hanging over individuals if a party no longer advances them or no longer has a proper evidential basis to do so. He concluded that the claimants’ failure to withdraw the allegations was “unreasonable to a high degree”. In a statement on Friday, ANL said the ruling was “a devastating critique” of what it described as an attempt to destroy a newspaper and the reputations of its journalists, editors and executives. Evidence and Responses From ClaimantsDuring the trial, dozens of people gave evidence, including Prince Harry and the other claimants. The Duke of Sussex flew from the United States to attend court in person. Several current and former Associated Newspapers journalists and executives testified, denying illegal activity. Sir Simon Hughes, one of the claimants, said on Friday he was “disappointed” by the judgement, adding he was considering whether to pursue appeals after reviewing both the substantive decision and the costs judgement. In a joint statement after the judge’s ruling in the privacy case last month, Prince Harry and Baroness Doreen Lawrence said they had sought “justice and accountability” but had received neither, describing the outcome as a “complete and obvious whitewash”. The decision comes days after the Duke and Duchess of Sussex announced their plan to return to the UK, with their children Prince Archie, seven, and Princess Lilibet, five, scheduled to begin school in September. Join the discussion? 21 August 2026
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