Millions of pounds could be spent on legal fees for the Duke of Sussex and other prominent plaintiffs who lost their High Court privacy action against the Daily Mail’s publisher.
The group, which includes Elizabeth Hurley, Baroness Doreen Lawrence, and Sir Elton John, filed a lawsuit against Associated Newspapers Limited (ANL) alleging illegal information collecting.
However, after an 11-week trial, Judge Mr. Justice Nicklin dismissed all of their claims earlier this month.
The parties to the dispute started a two-day hearing at the High Court on Wednesday to determine who will cover the enormous trial’s legal fees.
The Duke of Sussex’s and the other plaintiffs’ attorneys called the expenses incurred by the Daily Mail’s publisher—nearly £34.5 million as of July 9—”eye watering” in written filings.
They noted that the group was insured to cover some of the publisher’s expenses and asserted that ANL had gone above its authorised costs by more than £18.6 million.
The claimants’ attorney, Nicholas Bacon KC, informed the court that ANL had “overspent what they’d told us they’d actually spent” and that the group had obtained £16.2 million in insurance coverage.
The court was informed that the “current level of cover would be insufficient to meet their total costs exposure, possibly to the tune of many millions of pounds.” However, the final figure that the claimants may have to pay has not yet been determined.
ANL has argued that the claimants should reimburse the publisher for all costs incurred and has requested that the costs be paid on an indemnity basis, which would result in a more favourable financial settlement.
According to the publisher, the claimant’s side behaved irrationally throughout the case, which could result in indemnity coverage.
“Where claims involve wide-ranging allegations of dishonesty and serious criminal conduct against named individuals, a focused, responsible, and proper approach is required as the norm,” stated attorneys for ANL in written submissions. “The Claimants’ conduct of this litigation wholly disregarded these key disciplines.” This frequently happened in spite of the court’s repeated cautions about the appropriate course of action.
The claimants’ solicitors stated that they acted “honestly and in good faith” and contended that it would be “unjustified” for the claimants to be required to pay all costs. They also stated that this would have a “particularly harsh impact on the claimants who will bear personal liability” for coverage beyond their insurance.
After losing a privacy case earlier this month, Prince Harry and his co-claimants would have to pay $13.3 million to the publisher of the Daily Mail.
According to Reuters on Wednesday, Associated Newspapers Limited (ANL) is requesting the interim payment from the Duke of Sussex, Elton John, Elizabeth Hurley, and other plaintiffs from the 2022 lawsuit, which claimed the tabloid had illegally obtained material about them.
Anthony White, the lawyer for ANL, contended in court that the high-profile amounts ought to pay his client’s legal fees, beginning with the advance payment and continuing until the court determines the total sum due.
