Prince Harry accused of 'destroying' evidence in High Court case – details

The Duke of Sussex was involved in a High Court case against the publishers of the Sun

Senior Evening Writer

June 27, 2024Jun 27, 2024, 6:08 PM GMT+1

Prince Harry has been accused in a hearing of "deliberately destroying" evidence in his High Court case against the publishers of The Sun newspaper, News Group Newspapers.

The publishers are seeking the release of texts, WhatsApp messages and emails that the Duke of Sussex exchanged with the King's private secretary, Sir Clive Alderton, keeper of the Privy Seal, Sir Michael Stevens, and the ghostwriter of his memoir, JR Moehringer. However, David Sherborne, who represents the Duke, said the requests were just a "fishing expedition".

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Harry has been accused of destroying these pieces of evidence, with his representatives telling a hearing that the royal and JR communicated over Signal for the book and their chat history was wiped prior to the book's publication in January 2023.

Hotmail addresses that had been used by Harry in 2014 are also no longer accessible. Two email accounts have been searched for the 55 key terms requested by NGN.

Prince Harry holding a microphone — The royal was accused of 'destroying' evidence for the case

Anthony Hudson KC, who represents NGN, claimed the Duke and his legal team were "trying to create an obstacle course".

In a pre-trial hearing he said: "There ought to be proper evidence about this. Those messages are clearly within his control, even if they have been deleted. That's why we say the search for texts and WhatsApps is important.

Prince Harry in a white outfit at a polo match — The Duke and 40 other individuals brought the case against the publishers of the Sun

"It is, I'm afraid we say, another example of the obfuscation in relation to the claimant's case. We say it's shocking and extraordinary that the claimant has deliberately destroyed…"

He was then interrupted by the judge, Mr Justice Fancourt who said it wasn't "clear" what happened with the messages.

Prince Harry's lawyer David Sherborne — Prince Harry's barrister, David Sherborne

Countering Mr Hudson, Mr Sherborne said claims the Duke "dragged his feet, had to be dragged kicking and screaming, had set up some kind of obstacle course" was incorrect. He added that only "a handful" of the 35,000 emails searched were "relevant".

The trial came about after Harry and 40 other individuals sued NGN over alleged unlawful information-gathering and invasion of privacy. A trial date for the case has been set for January.

prince harry leaving court — The case will go to trial next January

The case has been raging for several months and the Duke has experienced highs and lows in his legal journey.

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Last month, Mr Justice Fancourt dismissed new claims against the group's former owner, Rupert Murdoch, saying they added "nothing material", but said some other amendments could be made.

The status of Harry's legal claims

Challenge against the Home Office over UK security arrangements

In 2024, a High Court judge dismissed Harry's claim against the Home Office over security arrangements for himself and his family when they are in the UK.

The Duke challenged a February 2020 decision of the Executive Committee for the Protection of Royalty and Public Figures (Ravec), which falls under the remit of the department, after being told he would no longer be given the "same degree" of personal protective security when visiting.

Harry's lawyers said he was "singled out" and treated "less favourably" in the decision, arguing a failure to carry out a risk analysis and fully consider the impact of a "successful attack" on him meant the approach to his protection was “unlawful and unfair".

The Government argued Ravec was entitled to conclude the Duke's protection should be "bespoke" and considered on a "case-by-case" basis.

Retired High Court judge Sir Peter Lane ruled that Ravec's approach was not irrational nor procedurally unfair, claiming Harry's lawyers had taken "an inappropriate, formalist interpretation of the Ravec process".

Harry was given permission to challenge Sir Peter's ruling in June last year, but this after a two-day hearing in April 2025, his appeal was dismissed in May 2025.

Unlawful information-gathering allegations against Associated Newspapers

Harry is one of seven high-profile people, including Sir Elton John and Baroness Lawrence of Clarendon, bringing legal action against the publisher of the Daily Mail over allegations it carried out or commissioned unlawful information gathering.

The firmly denied allegations against Associated Newspapers Limited (ANL) include the hiring of private investigators to place listening devices inside cars; the "blagging" of private records; and the accessing and recording of private phone conversations.

At a preliminary hearing, the publisher asked a judge to rule in its favour without a trial – arguing the legal challenges against it were brought "far too late".

The Duke made a surprise appearance at the Royal Courts of Justice in London for the proceedings in March 2023, where his lawyers argued that those bringing legal action were "thrown off the scent" and not aware of being targeted, having believed "categorical denials" from ANL over any involvement in unlawful activity.

Mr Justice Nicklin ruled in November 2023 that the publisher had failed to deliver a "knockout blow" to the early-stage legal challenges, allowing them to continue.

The full trial could be held in early 2026.

Settlement with News Group Newspapers

Harry alleged he was targeted by journalists and private investigators working for News Group Newspapers (NGN), which publishes The Sun and published the now-defunct News Of The World.

Shortly before an up-to-10-week trial was due to begin earlier this year, the Duke and NGN reached an agreement including a "full and unequivocal apology" and "substantial" damages, announced on 22 January.

NGN apologised to Harry for intrusion between 1996 and 2011, including "incidents of unlawful activities" by private investigators working for The Sun.

The publisher also apologised to the Duke for phone hacking, surveillance and misuse of private information by journalists and private investigators at the News of the World, which closed in 2011.

"We acknowledge and apologise for the distress caused to the duke, and the damage inflicted on relationships, friendships and family, and have agreed to pay him substantial damages," the NGN statement said.

The publisher also apologised for the impact of the "serious intrusion" into the private life of Harry's late mother, Diana, Princess of Wales.

An NGN spokesperson previously said its apology to Harry covered "incidents of unlawful activities carried out by private investigators working for The Sun, not by journalists, during the period 1996-2011".

They added: "There are strong controls and processes in place at all our titles today to ensure this cannot happen now. There was no voicemail interception on The Sun."

Lord Tom Watson, former Labour deputy leader, who was also taking legal action against the publisher, settled his claim as well.

Reporting by PA.

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