Prince Harry-Daily Mail trial live: Tracking Duke’s and Chelsy Davy’s flights posed ‘serious security’ risk, court told

The Duke of Sussex could begin giving evidence in the trial of his legal action against the publisher of the Daily Mail on Wednesday, the High Court has heard.

Harry, who is taking action in the courts against Associated Newspapers Limited with six other high-profile figures, was due to give evidence on Thursday, but opening submissions for both sides concluded earlier than expected on Tuesday.

David Sherborne, representing the group, said he would “endeavour to have the Duke of Sussex here at 2pm tomorrow”.

He said: “I will do my best and we will notify the court and the defendant.”

In response to a question from the judge, Mr Justice Nicklin, about whether Harry could be available to give evidence on Wednesday morning, Mr Sherborne responded that he needed to “make inquiries”.

Mr Justice Nicklin said the trial would resume at 10.30am on Wednesday.

Antony White KC, for Associated Newspapers Limited, said the claims of the group of high-profile figures suing the publisher were “threadbare”.

He told the court the group relied on three types of alleged concealment of information, including the alleged “concealment of time that the unlawful information gathering was instructed”, the “so-called ‘Leveson lies’”, and what the claimants had referred to as “aggressive denials” of wrongdoing.

He continued: “In the case of none of these three alleged acts of concealment do the claimants identify any particular fact relevant to their right of action that is alleged to have been concealed.”

Antony White KC, for Associated Newspapers Limited, told the High Court that payments to private investigators by journalists were “examples of clutching at straws in the wind and seeking to bind them together in a way that has no proper analytical foundation”.

He continued that a witness statement allegedly given by one private investigator named in the case, Gavin Burrows, “provided the only direct evidence of the most serious allegations of unlawful information gathering”, and that the claims of Liz Hurley, Sir Elton John and David Furnish “rely heavily on the allegations made”.

But he continued that the claims made by Mr Burrows in the “disavowed” witness statement, including that he received large sums of money from the publisher, were “inherently implausible”.

Mr White said: “Associated is not a corner shop. It is audited. Auditors usually do not miss the haemorrhaging of large amounts of cash of this size.”

He added that it would be “unrealistic to think that the court could rely” on the claims allegedly made by Mr Burrows to make the “grave findings sought against Associated”.

He said: “If we are right about that, then the hole that will leave in the claimants’ case will be very significant indeed.”

Prince Harry and Liz Hurley were not present in the courtroom when the trial of their legal action against Associated Newspapers Limited (ANL) resumed after the lunch adjournment on Tuesday.

Harry and Ms Hurley were the only two of the seven high-profile figures suing ANL to attend court in person on the second day of the trial against the publisher, having also done so on Monday.

The duke was seen leaving the Royal Courts of Justice after the court adjourned for lunch, with Antony White KC, for ANL, having started his opening submissions earlier.

Here is a look at the private investigators who are alleged to have been used by ANL:

Detective Danno/Daniel Portley-Hanks

California-based private investigator Daniel Portley-Hanks, also known as Detective Danno, has told the court ANL paid him for more than 20 years to gather information in a way that was “not legal”.

The private investigator told the court he unlawfully obtained social security numbers, unlisted phone numbers, police records, toll records and licence plate data.

Trace Direct International/Express Locate International

Trace Direct International (TDI), also known as Express Locate International (ELI) and BDI UK Consultancy, was a private investigator business which Mr Sherborne alleged ANL used to obtain information unlawfully.

Mr Sherborne said on Monday that this included being commissioned for reports related to the then-home secretary David Blunkett and his “alleged relationship” with estate agent Sally Anderson, including flight details.

Jonathan Stafford, described as a “talented voice actor” in court documents, is a private investigator who was allegedly used by ANL as a “blagger”.

Mr Sherborne’s written submissions said an internal aide memo from October 2011 states that Stafford was “known in the features department as a blagger”, with the same memo also saying he was paid £220,144 from 1997 to October 2004 and that he “supplied showbiz tips and did mobile conversions”.

Mike Behr, a South Africa-based freelance journalist, was allegedly used by ANL as a private investigator to obtain information about the Duke of Sussex and his ex-girlfriend Chelsea Davy.

Lee Harpin, a freelance journalist allegedly used by ANL between 2003 and 2005, was described as the “dauphine of phone hacking” during Mr Sherborne’s opening speech.

The court was told on Monday that private investigator Steve Whittamore had said he was “in no doubt at all” that staff at ANL knew that information he gathered was “obtained through illegal means”.

The former police officer, part of Southern Investigations, is accused of obtaining information unlawfully, including through phone tapping.

This included claiming he could get hold of the medical records belonging to the late Queen – Harry’s grandmother, the court heard.

John Ross, a private investigator and former police officer, is alleged to have had an association with “undoubtedly corrupt” police officers, Mr Sherborne has said.

The Duke of Sussex is among seven prominent individuals initiating legal action against the publisher of the Daily Mail, with a nine-week trial currently ongoing.

Here is a look back at how this case has developed since they began their elgal claim in 2022:

Beginning his opening speech on behalf of Associated Newspapers Limited (ANL), Antony White KC told the court journalists at the organisation provide a “compelling account of a pattern of legitimate sourcing of articles”.

The barrister said: “Associated, the defendant, defends these claims on two main grounds, firstly on the merits and secondly on limitation grounds.

“Associated has provided an explanation through a long series of witnesses of the sourcing by its journalists of the 50-plus articles alleged by the claimants to be the product of unlawful information gathering.

“We don’t pretend that that account is perfect and covers every detail, and not every journalist can remember every article, but we do say that overall, it provides a compelling account of a pattern of legitimate sourcing of articles.”

Concluding his opening submissions on behalf of the high-profile figures suing Associated Newspapers Limited, David Sherborne said that “smoke and mirrors” and “carefully orchestrated attacks” on the claimants could not “save Associated this time”.

He continued: “They have to live by their all-or-nothing defence.”

Addressing the judge, Mr Justice Nicklin, Mr Sherborne said: “If you do find such activity proven, the damages will have to be significant given the activities involved.”

He continued: “Your Lordship knows, as does Associated, that it is not the claim for damages that brings these claimants here.

“It is the uncovering of the truth of what was done to them, and Associated taking accountability for that.”

David Sherborne has told the court that part of Associated Newspapers Limited’s (ANL) defence that the claims have been brought too late is a “potential life raft in a sea of unlawful information gathering”, but that the publisher may not “be able to climb aboard”.

He told the court that all seven of the group, who sued ANL in 2022, discovered that they had “worthwhile” claims after 2016, meaning the claims had been brought in time.