Palace threatened to bring in lawyers after becoming ‘frustrated’ with News Group Newspapers over settling phone-hacking claims, court documents reveal
Palace officials negotiating with the backing of the Queen threatened to bring in lawyers to secure a private phone-hacking settlement with News Group Newspapers (NGN), court documents have revealed.
Staff at the palace suggested bringing in legal experts after becoming increasingly “frustrated” with a lack of response from Rupert Murdoch’s top news executives in 2018.
They sent emails expressing an “institutional appetite” to reach an out-of-court deal with the group over claims royal family members had their phones hacked by the now-defunct News Of The World.
In the messages, palace officials revealed how the Queen was “aware” of the talks and had given her “full authority”.
The emails were shared in court as part of Prince Harry’s own claim against NGN – which also publishes The Sun – over alleged unlawful information gathering at its two titles.
The group is bringing a bid to have Harry’s case thrown out, along with a similar claim by actor Hugh Grant, at a three-day hearing in London which started on Tuesday.
NGN argues that the claims have been brought too late.
Hugh Grant arrives at court on Thursday
The emails involve discussions in December 2017 between the Queen’s former press secretary, Sally Osman, News UK chief Rebekah Brooks and Robert Thomson – the chief executive of the Rupert Murdoch-owned News Corp.
In one email, sent by Ms Osman, she expressed a desire to reach an agreement which would “draw a line under such matters between our two institutions”.
“The fact that we can have this conversation, with The Queen’s full authority and knowledge of the scale and effect of hacking and surveillance on her family, their staff, associates, friends and family, is important with a view to resolution in the near future,” she added.
However, having organised a meeting between the two sides, Ms Osman expressed her “disappointment” that no progress had been made by March 2018.
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Prince Harry releases private emails
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She wrote: “Assuming you received my email of 11 December last year, following our very genial and I thought constructive meeting, I was somewhat disappointed not to receive an acknowledgement, let alone a reply.
“I do, of course, appreciate, that business is busy. However, there is also an increasing sense of frustration here at the lack of response or willingness to engage in finding a resolution to what is considered outstanding business between the Royal Household and News Corporation.
“The hope is still to find a resolution without involving lawyers.”
The email prompted apologetic replies from both Ms Brooks and Mr Thomson – who put the missed email down to the latter’s busy schedule and a “mountain” of daily memos.
However, Ms Osman pushed for a resolution again in May, expressing an “institutional appetite to expedite things and start having a more tangible dialogue”.
“We are still very much of the mind that we don’t want this to become embroiled in legal negotiation but it would clearly assist if our lawyers now spoke to yours,” she added.
Rebekah Brooks
On Thursday, David Sherborne, representing Harry, said in court that the late Queen was previously involved in “discussions and authorisation” that the Royal Family would not pursue claims against NGN until after the conclusion of the litigation over hacking.
Mr Sherborne said in written arguments that the agreement “meant that the claimant could not bring a claim against NGN for phone hacking at that time”.
He added: “It was agreed directly between these parties, as opposed to their lawyers… that at the conclusion of the Mobile Telephone Voicemail Interception Litigation (MTVIL) News would admit or settle such a claim with an apology.
“In 2017, the claimant and the institution began to push for the outstanding claim to be resolved.
“However, News filibustered in relation to this until, in 2019, the claimant had enough and issued his claim.”
The barrister told Mr Justice Fancourt, hearing the case, that what Harry did know by 2012 was that “an agreement [had been] reached between the institution and News Group”.
He added: “It is precisely because of the secret agreement that no claim was brought before 2019.”
Harry’s lawyers also argue that NGN’s bid to have his claim thrown out is an attempt to go behind the “secret agreement”.
Mr Sherborne also told the court that Harry’s brother, Prince William, had “recently settled his claim against NGN behind the scenes”.
The hearing is due to end on Friday, when the judge will determine whether their claims will progress to a trial – which is due to be heard in January next year.
The claim is one of a number of legal actions currently being brought by the Duke of Sussex, who appeared in person at the High Court last month for a preliminary hearing against Associated Newspapers Limited (ANL), publisher of The Mail and Mail On Sunday.
He is also expected to give evidence at a trial over allegations of unlawful information against tabloid publisher Mirror Group Newspapers (MGN), due to begin next month, with Harry due to appear in court in June.
NGN closed The News of the World in 2011 in the aftermath of the phone-hacking scandal but has consistently denied that any unlawful information-gathering took place at The Sun.
UK
Nurse Sandie Peggie who complained about sharing changing room with transgender doctor wins part of employment tribunal
A nurse who complained about sharing a changing room with a transgender doctor has won part of her employment tribunal against NHS Fife, although several claims were dismissed.
Sandie Peggie took action against the health board and transgender medic Dr Beth Upton after she was suspended from her job at Victoria Hospital in Kirkcaldy following a row with her colleague on Christmas Eve 2023.
Ms Peggie, who has worked for the NHS for 30 years, was placed on special leave after Dr Upton made an allegation of bullying and harassment, and cited concerns about patient care.
The nurse lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment, harassment related to a protected belief, indirect discrimination, and victimisation.
The employment tribunal hearings took place in Dundee before Judge Sandy Kemp earlier this year.
In a written judgment on Monday, the harassment claim was upheld against NHS Fife, but allegations of discrimination, indirect discrimination and victimisation were dismissed.
The claims against Dr Upton did not succeed and were dismissed.
Dr Beth Upton arriving at the tribunal in February. Pic: PA
Ms Peggie stated: “I am beyond relieved and delighted that the tribunal has found that my employer Fife Health Board harassed me after I complained about having to share a female-only changing room with a male colleague.
“The last two years have been agonising for me and my family.
“I will have much more to say in the coming days once I’ve been able to properly consider the lengthy judgment and discuss it with my legal team.
“For now, I am looking forward to spending a quiet few days with my family.”
Ms Peggie paid tribute to her “incredible” legal team, which included lead counsel Naomi Cunningham, junior counsel Dr Charlotte Elves, and solicitor Margaret Gribbon.
She added: “There are many others I would like to thank and will do so in the coming days.”
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The tribunal found that NHS Fife had harassed Ms Peggie by failing to revoke the grant of permission to Dr Upton on an interim basis after the nurse complained, for the period until different work rotas took effect so that they would not work together and said that, as a result, Dr Upton was in the changing room when the claimant was present on two occasions.
It also found the board had harassed Ms Peggie by taking an unreasonable length of time to investigate the allegations against her; by making reference to patient care allegations against her on 28 March 2024; and giving an instruction to her not to discuss the case, until a further message a little over two weeks later which confirmed that applied only to the investigation.
A separate hearing on remedy – which could see Ms Peggie receive financial compensation – will take place at a later date.
NHS Fife said it had been a “complex and lengthy process”.
The health board added: “The employment tribunal unanimously dismissed all of the claimant’s allegations against Dr Upton and all of the allegations against the board apart from four specific aspects of the harassment complaint.
“We will now take time to work through the detail of the judgment alongside our legal team to understand fully what it means for the organisation.
“We want to recognise how difficult this tribunal has been for everyone directly and indirectly involved.
“Our focus now is to ensure that NHS Fife remains a supportive and inclusive environment for all employees and our patients and to deliver health and care to the population of Fife.”
Retired footballer Joey Barton has been sentenced over X posts he sent to football pundits Eni Aluko and Lucy Ward, along with broadcaster Jeremy Vine.
Barton, 43, had been found guilty of six counts of sending a grossly offensive electronic communication with intent to cause distress or anxiety.
He was sentenced to a six-month prison sentence, suspended for 18 months, at Liverpool Crown Court on Monday.
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Watch judge’s remarks in Barton sentencing
The former Manchester City, Newcastle United and Rangers midfielder had claimed he was the victim of a “political prosecution” and denied his aim was to “get clicks and promote himself”.
But the jury decided Barton, capped once for England in 2007, had “crossed the line between free speech and a crime” with the six posts he made on the social media platform.
The prosecution argued that Barton, who has 2.5 million followers, “may well be characterised as cutting, caustic, controversial and forthright”.
Peter Wright KC continued: “Everyone is entitled to express views that are all of those things.
“What someone is not entitled to do is to post communications electronically that are – applying those standards – beyond the pale of what is tolerable in society.”
Barton denied 12 counts of sending a grossly offensive electronic communication with intent to cause distress or anxiety between January and March last year.
He was found guilty on six counts, but cleared of another six.
Eni Aluko at London’s Royal Courts of Justice last year for her libel claim against Barton. Photo: PA
In one post in January 2024, Barton compared Aluko and Ward to the “Fred and Rose West of football commentary”, and superimposed the women’s faces on a photograph of the serial murderers.
He also described Aluko as being in the “Joseph Stalin/Pol Pot category”, suggesting that she had “murdered hundreds of thousands, if not millions, of football fans’ ears”.
The jury found him not guilty in relation to the comparison with the Wests, Stalin and Pol Pot, but decided the superimposed image was grossly offensive.
Jeremy Vine. Pic: PA
Another message allegedly suggested Vine had a sexual interest in children, after the broadcaster posted a question relating to the posts about the football commentators asking whether Barton had a “brain injury”.
The court heard Barton replied to Vine’s tweet with a post referring to him as “you big bike nonce” and made references to convicted child sex offender Jeffrey Epstein.
The ex-footballer told the court the posts were “dark and stupid humour” and “crude banter”. He also said he had no intention of implying Vine was a paedophile.
Sentencing, the Honorary Recorder of Liverpool, Judge Andrew Menary KC, told Barton: “Robust debate, satire, mockery and even crude language may fall within permissible free speech.
“But when posts deliberately target individuals with vilifying comparisons to serial killers or false insinuations of paedophilia, designed to humiliate and distress, they forfeit their protection.
“As the jury concluded, your offences exemplify behaviour that is beyond this limit – amounting to a sustained campaign of online abuse that was not mere commentary but targeted, extreme and deliberately harmful.”
Barton was also given a two-year restraining order preventing him from contacting Aluko, Ward or Vine, or publishing any reference to them on a social media platform or broadcast platform.
He will also have to carry out 200 hours of unpaid work in the community and pay prosecution costs of £23,419.
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