A last-minute deal to settle Prince Harrys blockbuster court case against The Suns publisher was plunged into chaos today – blamed on the time difference with California.
In a day of high drama, the Duke of Sussex was said to be very close to clinching an out-of-court settlement with the newspaper group.
However, Harry was not at the High Court for the opening of his high-stakes privacy case against News Group Newspapers (NGN), instead remaining at home in California.
The court heard there had been problems obtaining instructions from the duke because of the time difference with California, where it was the middle of the night.
And when Harrys lawyers and those of the publisher begged the judge for more time – citing the time zone as a factor - a visible irritated Mr Justice Fancourt ordered them to get on with the trial anyway.
The judge said they had already had plenty of time, and he was not satisfied this is anything to do with the timetable in California.
There were dramatic scenes as he refused to allow any further delays, and the two sets of opposing lawyers then teamed up against him. They jointly appealed his decision, but he refused them, saying: The trial starts today.
So then they said they were going to apply to the Court of Appeal which has the power to overrule the judge. A visibly angry Mr Justice Fancourt adjourned the case and left the courtroom.
Prince Harry, Duke of Sussex waves as he arrives at the Royal Courts of Justice, Britains High Court, in central London on March 28, 2023
David Sherborne, a lawyer of Britains Prince Harry, walks outside the Rolls Building of the High Court on January 21, 2025
Former Deputy Leader of the Labour Party Tom Watson leaves the Rolls Building of the High Court on January 21, 2025
Harry had been due to spend up to four days in the witness box being quizzed about his allegations that NGN journalists unlawfully accessed his private information, which the newspaper group denies.
Harry was the last of two claimants – the other being Labour peer Lord (Tom) Watson – who had refused to settle with the publisher, after Hugh Grant accepted an enormous sum last year. A total of 39 claimants in the case settled out of court.
The duke – who has described himself as a dragon slayer in his crusade against the Press - recently vowed he would not settle his case against NGN and was committed to seeing it through.
But that appeared to dramatically change this morning. The trial was due to start 10.30am, but Harrys barrister David Sherborne asked the court for a short delay.
It was reported outside court there had been a last-minute settlement offer, with David Folkenflik, a biographer of Rupert Murdoch, tweeting there had been a massive offer from Murdochs camp.
The judge eventually delayed the case all morning while the two sides help discussions behind the scenes.
However when the hearing resumed shortly after lunch, Anthony Hudson, the newspapers KC, said there had been problems because of the time difference with California.
He told the court there had been very intense negotiations in the past few days, and the reality is we are very close. But asking for an extra two hours, he added: There is an issue with time, getting instructions because of the time difference.
Lawyer Clare Montgomery departs the High Court on January 21, 2025
Barristers David Sherborne (left) and Ben Hamer (centre), representing Prince Harry, arrive at the Royal Courts of Justice on January 21
He urged the judge not to start the trial, saying a very substantial sum becomes payable if the trial starts this afternoon – believed to be a reference to lawyers fees.
Starting the trial would have a very, very substantial impact on the settlement terms, he said. Mr Sherborne, for Harry, confirmed the eight-hour time difference with California was a factor but claimed it was not the reason for the situation.
Mr Justice Fancourt said the two sides have had ample time to do a deal, and ordered that the case – which was lodged in 2019 – must finally get under way.
When the Suns lawyer asked for a private discussion with the judge, he replied: Im not going to start having secret hearings about whats going on.
If Harry goes ahead with the case, he would face a large legal bill even if he wins, having turned down previous offers to settle out of court. Hugh Grant said he had settled to avoid paying £10million in legal costs.
Harry stayed in the case, telling an audience in New York before Christmas: There is a system which is set up where, if you are offered more money as a settlement than you would ever get in court…then youre forced to have to settle. Even if or when we win, Im still liable for the legal costs of both sides.
Harry said other claimants had settled their cases but he vowed: One of the main reasons for seeing this through is accountability, because Im the last person that can actually achieve that.
Among the witnesses to have offered evidence to the trial included Hugh Grant, actress Sienna Miller, former Prime Minister Gordon Brown, and former Commons Speaker John Bercow.
Lawyer Clare Montgomery walks outside the Rolls Building of the High Court on January 21
It would have been the dukes second courtroom encounter, after he gave evidence in 2023 before the same judge as he sued Mirror Group Newspapers alleging phone hacking.
In the new trial, the duke was alleging breaches of his privacy over at least 30 articles written about him, including the day he found out he had been accepted to Eton in 1998.
Some 39 other claimants including Hugh Grant who had joined Harry in this tranche of the group action had all settled out of court, with only the duke and Lord Watson still pursuing the case.
In the early stages of his case, Mr Justice Fancourt threw out Harrys claims of phone hacking, last year, because the duke had waited too long before starting that part of his legal case.
Harry had protested that a Buckingham Palace secret agreement had prevented him from bringing his case any sooner, but the judge ruled that such a deal was implausible, and rejected Harrys bid to use it as the reason for his late claim.
Then, three months ago, his claims of bugging and tracking devices being planted by The Sun were thrown out too. Mr Justice Fancourt said Harry had provided no particulars whatsoever to back up these assertions against the newspaper.
The duke proceeded to the trial on the basis of other types of unlawful information gathering which he alleges. He would have been the main witness in his case, with one other person – not identified - also lined up to give evidence to support his case, the court was previously told.
The newspaper had some 65 witnesses lined up – including the News of the Worlds infamous fake sheikh Mazher Mahmood, the court was told.
At a pre-trial hearing last month(DEC), Anthony Hudson, the newspaper groups KC, accused Prince Harrys side of an attempt to turn Januarys trial into some form of public inquiry.
He referred to recent remarks made by the duke at an event in New York about refusing to settle the case and seeing it through, and said: It shows whats really going on here…what its clearly about is almost by definition a public inquiry.
Mr Sherborne said this was untrue.