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Prince Harry could soon learn how many millions of pounds he and other claimants must pay toward the legal costs of the publisher of the Daily Mail after losing a high-profile privacy lawsuit.
On Friday, London High Court judge Matthew Nicklin is expected to issue a written ruling on the costs dispute following last month’s dismissal of claims brought by King Charles’ younger son, singer Elton John and five other public figures against Associated Newspapers.
The group had accused the publisher’s Mail titles of engaging in unlawful information-gathering activities, including phone hacking. However, after an 11-week trial, Nicklin rejected the allegations, ruling that the claimants had failed to prove that information published about them had been obtained illegally. The judge said suspicion alone was not sufficient evidence.
Associated Newspapers described the ruling as a major victory for its journalists and press freedom. Prince Harry, 41, strongly criticized the decision, calling it a “complete and obvious whitewash.”
The latest hearing will determine the amount the claimants must pay on an interim basis toward Associated’s legal expenses. The publisher is seeking £10 million, while Harry and the six other claimants have offered £8 million.
A more significant issue is whether the court will award costs on an indemnity basis. Such a decision could make the claimants responsible for a greater share of Associated’s legal costs, without requiring the publisher to demonstrate that all expenses were reasonable and proportionate.
The court previously heard that Associated had accumulated legal costs of approximately £34.5 million ($45.8 million), while the claimants’ insurance policy covered only £16 million.
Associated’s lawyer argued that the claimants had made serious allegations without sufficient evidence, increasing the publisher’s legal expenses. Their lawyer, Nicholas Bacon, countered that the £34.5 million bill was excessive and argued that awarding indemnity costs would be unfair.
Neither Prince Harry nor the other parties are expected to attend Friday’s ruling. No decision has yet been announced on whether the claimants will appeal the High Court judgment.
