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Please find below a statement followed by background notes to inform reporting on today’s judgment.
Statement on behalf of News Group Newspapers (“NGN”) following the Judgments of Mr Justice Fancourt in Various v News Group Newspapers and Duke of Sussex v News Group Newspapers on 21st May 2024
A spokesperson for NGN said:
In 2011 an unreserved apology was made by NGN to victims of voicemail interception by the News of the World. Since then NGN has been paying financial damages to those with proper claims. In some cases, it has made commercial sense for both parties to come to a settlement agreement before trial to bring a resolution to the matter. As we reach the tail end of the litigation, NGN is drawing a line under the disputed matters.
These civil proceedings have been running for more than a decade and deal with events 13-28 years ago.
At a hearing in March 2024, the Claimants sought to introduce wide ranging allegations into their pleadings. NGN argued that a number of these were irrelevant to the fair and just determination of claims and had nothing to do with seeking compensation for victims of phone hacking or unlawful information gathering.
The Court in its Judgment today has thoroughly vindicated NGN's position anddid not give permission to introduce large and significant portions of the amendments.
Mr Justice Fancourt said in his Judgment (at para 79):
“..there is a desire on the part of those running the litigation on the claimants’ side to shoot at ‘trophy targets’, whether those are political issues or high-profile individuals.”
He stated that this cannot become "an end in itself" and has recognised the intention of the Claimants to make amendments for "collateral reasons" that do not further the proceedings.
NGN stated that such "collateral reasons" are primarily aimed at giving publicity to allegations against NGN executives.
Lawyers for the claimants work with convicted phone-hackers and employ anti press campaigners and activists who seek to use the claims to make allegations within the protection of open justice principles. Many similar allegations were previously tested in the criminal courts or investigated by the police and the CPS between 2011-15.
Today’s Judgment has ruled that a significant amount of these amendments are not material or proportionate to the case.
In relation to the Duke of Sussex, the Judge refused his request to amend his pleadings to include numerous additional allegations, including those from before 1996 or after 2011. He ordered the proper redrafting of his claim to remove allegations of phone hacking and activity relating to phone hacking in accordance with a previous order following NGN's successful summary judgment application which resulted in this part of his claim being ruled out of time.
NGN welcomes the Judge’s decisions and comments.
ENDS
Background notes for editors:
Mr Justice Fancourt has today (in summary) refused permission to include new allegations in the Generic Particulars of Claim:
- Of unlawful activity to "further the commercial or political aims of News Corp/News International".
- Of wrongdoing by the Management and Standards Committee set up in the aftermath of the phone hacking allegations in June 2011.
- Of unlawful targeting of members of the House of Commons Select Committee.
- Of failing to cooperate with the police investigation into phone hacking in 2011.
- Against Rupert Murdoch. As a result there are no allegations against Mr Murdoch in
- Of any wrongdoing before 1996 and after 2011.
- Against Piers Morgan. There are no allegations against Mr Morgan in the Claimants' Generic Particulars of Claim.
- Against various senior employees in relation to the Leveson Inquiry which the Judge described as "collateral".
- Of wrongdoing by journalists described by the Judge as "peripheral".
- Aimed at challenging the fairness of not guilty verdicts at previous criminal trials which the Judge described as “inappropriate” or "collateral". It should be emphasised that nothing in these current proceedings undermines the fairness of these former proceedings and the Jury verdicts.
A number of articles were published following the March hearing which repeated allegations made in the Claimants' proposed pleadings, without awaiting today’s decision. The contents of articles published in this way are by their very nature misleading, one sided (no defence to the Claimants’ amended case has been served) and therefore should be viewed with considerable caution.
NGN and individuals accused were not given a realistic right of reply in some cases and indeed it would have been impossible to reply fully or comprehensively in a matter of this complexity as well as being inappropriate to do so via the media.
In a statement after the March hearing NGN argued that the introduction of these allegations had nothing to do with seeking compensation for victims of phone hacking or unlawful information gathering and should be viewed with considerable caution in relation to their veracity.
All reporting on materials provided in contested pleadings in the civil legal action are untested in court and should be viewed with considerable caution. In instances of new allegations, a defence will be filed in due course through the courts.
Contact: Daisy Dunlop, News UK, 020 7782 6074
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