Prince Harry’s legal battle: a lesson in early mediation
Prince Harry and former Labour deputy Tom Watson’s legal representation was due in the High Court last Tuesday to begin an eight-week trial regarding claims against the Sun’s owner, News Group Newspapers (NGN), of unlawful intrusion into their private lives. The claims partly stem from accusations that private investigators working for NGN unlawfully hacked into the private devices of both Prince Harry and Tom Watson.
On the morning of the trial, both Prince Harry’s and NGN’s legal representations requested an adjournment on the basis they were “very close” in reaching an agreement that would save the Court’s time. Both parties’ legal representation cited that one of the reasons for requiring a further adjournment was due to the time difference between the parties which was a significant barrier in sustaining meaningful discussions. It is reported that the parties had requested three adjournments by this date.
The Judge, Mr Justice Timothy Fancourt, showed mounting frustration with the requests for an adjournment and it is reported that he told both lawyers they had already had “ample time” to resolve their differences. Following threats to appeal the Judge’s refusal to grant an adjournment to the Court of Appeal, Justice Fancourt allowed the adjournment to 10am Wednesday morning. A deal was purportedly struck just 14 minutes before the trial was due to start in Court.
Lessons to be learnt
By the day of the trial, the vast majority of the litigation process had already taken place and extensive legal costs incurred in the preparation and adherence to Courts procedures. Participating in alternative dispute resolution (ADR) at the earliest opportunity offers a more efficient pathway to pinpoint key issues in dispute, enabling the parties to settle and therefore save legal costs. In some circumstances, it may even be advisable to engage in ADR before issuing proceedings. By resolving disputes early, individuals can avoid the financial and emotional burden associated with protracted courtroom battles. Prince Harry’s legal costs are reported to have run into millions of pounds, but it is not unusual for the average High Court case to cost in excess of £100,000.
The report highlights the Court’s impatience to allow adjournments at the door of the Court and underscores the importance of engaging in meaningful ADR, such as mediation, at an early stage—a warning that even Prince Harry could not avoid.
The Private Wealth Disputes Team at Birketts are advocates of ADR. If you have a dispute concerning a Will, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 or against an executor or trustee, then please contact one of the team.