Prince Harry and others’ privacy claims dismissed by High Court

The High Court trial in which Prince Harry, along with 6 other claimants, attempted to sue Associated Newspapers Limited, owners of The Mail, has now come to an end. 

During the trial, the Judge considered claims for misuse of private information and breach of confidence, relating to alleged unlawful methods used by the press to gather information about the claimants, which was later published. Some of these allegedly unlawful methods included:

• Using private investigators;
• Deception;
• Phone hacking; and 
• Making corrupt payments

What Is Misuse Of Private Information? 

Misuse of private information claims are brought to protect an individual's right to privacy under Article 8 of the European Convention on Human Rights (‘ECHR’). The right to privacy is balanced against the defendant's right to freedom of expression under Article 10. 

In order to bring a successful claim for misuse of private information, the claimant must establish:

1. That they had a reasonable expectation of privacy in relation to the information which was misused;
2. That the information was misused through publication or disclosure without their consent; and 
3. That the claimant’s privacy rights outweigh the defendant’s right to publish the information under Article 10. 

Possible defences to a claim for misuse of private information include:

1. The information was not private;
2. The public had a legitimate interest in receiving the information; or 
3. The information was already within the public domain.

What Is A Claim For Breach Of Confidence? 

A claim for breach of confidence aims to compensate a claimant if their confidential information is shared without consent. The claimant must show that the information was confidential, that it was obtained in circumstances requiring an obligation of confidence, and that the confidential information was used without their consent. 

Some of the defences to a claim for breach of confidence include that the information was not confidential, that it was already within the public domain or that it was disclosed with the claimant’s consent. 

What Happened In Prince Harry's Claim?

The court considered, based on the evidence, whether Prince Harry and the other claimants could establish that the information contained in the particular articles complained about was obtained through the unlawful methods, and did so by addressing each article in turn. 

Despite the court acknowledging that claims of this nature often require the court to draw inferences, the Judge ultimately found that the claimants could not establish, on the balance of probabilities, that the information included in the articles was obtained unlawfully. The fact that the defendant could not confirm how certain information was obtained was not enough to show that it was obtained unlawfully. 

During the trial, the claimants also attempted to advance further examples of the defendant's alleged unlawful conduct to gather information about them, but the court rejected these arguments and refused to consider them. 

Get Legal Help To Bring Breach Of Confidence Claim

The judgment in Prince Harry's case highlights the high evidential burden on claimants for misuse of private information and breach of confidence claims, and also how important it is for cases to be properly pleaded from the beginning.

At Samuels, we have extensive experience of helping clients who want to bring claims for misuse of private information and breach of confidence and can help you take the first steps toward seeking the compensation and legal protections you deserve. 

Please do not hesitate to contact us today.