Prince Harry was not present at The High Court yesterday (Image: Max Mumby/Indigo/Getty Images)
is “very close” to agreeing a settlement with the publisher of The Sun, the High Court heard on Tuesday.
The trial between the Duke of Sussex and News Group Newspapers (NGN) over privacy intrusions was set to get underway yesterday at the High Court, however twice to allow for discussions to take place between David Sherborne, the Duke’s barrister, and Anthony Hudson KC, for NGN.
After they asked for a third adjournment, Mr Justice Fancourt rejected this, with Mr Sherborne and Mr Hudson both appealing this decision.
The last-minute delay was partly blamed on the time difference in California, where Harry lives with his wife , 43, and their two children.
The development in the case comes after Harry, 40, previously said he would never settle because he wanted to hold NGN responsible. If a deal is made, the five-year legal battle will end, with the skeleton arguments from both sides never being made public.
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NGN has strongly rejected allegations of wrongdoing and has settled some 1,300 claims without making any admission of liability, with just and Lord Tom Watson the only ones yet to accept a settlement.
After asking for the delays in court yesterday, the judge questioned why such negotiations had not taken place earlier.
When Mr Sherborne later asked for the third delay on Tuesday afternoon, the judge – who had accepted the first two – denied this request.
Mr Hudson KC for NGN revealed that “intense negotiations” were ongoing and more time would be beneficial. He said: “There have been very intensive discussions over the last few days… solicitors on both sides are involved in intense negotiations and the reality is we are very close. There is an issue with time – getting instructions because of the time difference – and those time difficulties will be resolved very shortly this afternoon.”
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David Sherborne is representing Prince Harry (Image: Karwai Tang/WireImage)
The judge then refused the parties’ permission to appeal against his decision not to grant a third delay. He said: “I’m not going to stand in the way of access to justice if the parties wish to go to the Court of Appeal.”
It is believed that neither side has gone to the Court of Appeal. The hearing is due to resume on Wednesday.
was not in court yesterday for the proceedings.
If a settlement is not reached, it is believed he is expected to fly out within weeks.