Duke of Sussex and others await High Court costs ruling

The Duke of Sussex, alongside six other well-known figures, faces a wait to learn the amount of an initial payment they must make to Associated Newspapers Limited (ANL) concerning legal costs from their unsuccessful High Court action. ANL, the publisher of the Daily Mail and The Mail on Sunday, is seeking over £9.9 million as an interim payment.

The group, which includes Baroness Doreen Lawrence and Sir Elton John, brought claims against ANL alleging unlawful information gathering. ANL denied these allegations. Mr Justice Nicklin dismissed all the cases following an 11-week trial earlier this year, with his judgment delivered on 7 July.

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Legal Costs Hearing

The High Court heard this week that ANL's total costs in the litigation have surpassed £34 million. The claimants' legal team argued that the publisher's demand for an interim payment of more than £9.9 million was 'manifestly excessive'.

Lawyers representing the claimants proposed an initial payment of just over £7.9 million. They also contended that ANL's costs had been significantly reduced in previous court considerations. The judge noted the scale of the costs as 'unprecedented' for a High Court media law case.

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The claimants, who also include David Furnish, Sadie Frost, Liz Hurley, and Sir Simon Hughes, are due to make the interim payment by 28 August, according to the judge. The final decision on the exact sum and the basis for assessing the full costs will be detailed in a written ruling.

ANL's representatives suggested that the claimants should pay costs on an indemnity basis, which is typically more favourable to the receiving party. They argued the claims were brought for a 'collateral purpose' of pressuring the government regarding the Leveson Inquiry.

Lawyers for the claimants countered that Sir Simon Hughes's claim was 'limited' and that he was not a campaigner against ANL. They also raised concerns that paying costs on an indemnity basis could leave the group with insufficient insurance cover, potentially exposing them to millions of pounds in additional costs.

The group's combined insurance cover amounts to £16.2 million. ANL's incurred costs as of early August were reported to be nearly £34.5 million, exceeding their approved budget by more than £18.6 million.

Next Steps

Mr Justice Nicklin is expected to release his written decision regarding the costs in the week of 17 August.