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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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.
The Queen is unwell with a chest infection and has withdrawn from her engagements this week, Buckingham Palace has announced.
A palace spokesperson said Camilla’s doctors “have advised a short period of rest” and added that “with great regret, Her Majesty has therefore had to withdraw from her engagements for this week”.
They added the Queen “very much hopes to be recovered in time to attend this weekend’s Remembrance events as normal”.
“She apologises to all those who may be inconvenienced or disappointed as a result,” they said.
It is understood the Queen is currently resting at home and is under doctor’s supervision.
Birgitte, the Duchess of Gloucester, has stepped in on Camilla’s behalf to attend the annual opening of the Field of Remembrance at Westminster Abbey on Thursday.
The Queen has also withdrawn from a Buckingham Palace reception for Olympic and Paralympic athletes hosted by the King on the same evening.
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Camilla recently returned from an overseas tour of Australia and Samoa. No further details regarding her illness or treatment have been released.
A safety system was “blocked” during a fatal train crash in Powys, an initial investigation has found.
The Rail Accident Investigation Branch (RAIB) has published its initial findings into last month’s collision, in which one person died.
David Tudor Evans, 66, was described as a “lovely guy, full of life and enjoyment”.
A further 15 people were taken to hospital for treatment after the crash near Talerddig, police said.
The collision – at around 7.26pm on 21 October – involved the 6.31pm Transport for Wales service from Shrewsbury to Aberystwyth and the 7.09pm Transport for Wales service from Machynlleth to Shrewsbury.
The RAIB said the units were fitted with wheel slide protection systems – described as being similar to anti-lock braking systems in cars – and an automatic sanding system.
Sand is discharged automatically via hoses when a wheel slide is detected during braking – creating more friction at the wheel-rail interface.
A map showing the location of the crash near Llanbrynmair and Talerddig in Powys
The on-train data recorder shows the wheel slide started during braking and was also present after the driver made an emergency brake demand.
An inspection of the sanding system fitted to Aberystwyth-bound train 1J25 showed the leading vehicle’s sanding hoses were blocked.
The RAIB says they were apparently unable to discharge sand.
The ongoing investigation is also looking at the speed at which the trains were travelling when they collided.
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Initial enquiries suggest the westbound train was travelling at a speed of between 15mph and 24mph, while the eastbound train was travelling at a speed of 6mph.
The RAIB says its investigation will look at the sequence of events which led to the crash.
As part of the probe, the agency will look at factors including the actions of those involved, the level of wheel-rail adhesion, and the behaviour of both trains during and after the crash.
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In a joint statement, Transport for Wales and Network Rail said they have “fully cooperated” with the British Transport Police, the Office of Rail and Road and the Rail Accident Investigation Branch.
“As investigations are currently still ongoing, we’ll continue to work together with investigators to understand what happened and await the full conclusion and recommendations of the investigation,” a spokesperson said.
The spokesperson said safety was the “main priority” for both companies and they had “carried out enhanced checks to the trains and the railway line”.
“At this early stage of the investigation, it’s fundamental that we await the findings of the full report and show sensitivity towards our customers, colleagues, the local community and the families of those affected by the incident,” they added.
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