The Duke of Sussex v MGN Ltd [2023] EWHC 1617 (Ch) (13 June 2023)

The Duke of Sussex v MGN Ltd [2023] EWHC 1617 (Ch) (13 June 2023)

Permission is granted for the Duke and the other three claimants currently being tried to use the first category of documents (PI invoices) in the MNHL trial, as there is a good reason and no serious prejudice to NGN. Permission is refused for the second and third documents due to potential prejudice to NGN and limited relevance. No breach of the implied duty occurred by the Duke's legal team.

Citation
[2023] EWHC 1617 (Ch)
Parties
Claimant/applicant: The Duke of Sussex; Defendant: MGN Limited; Respondent: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2023
Procedural Posture
Application for Collateral Use of Disclosed Documents / Interlocutory Hearing, Judgment on Application
Outcome
Application granted in part; permission for collateral use of first category of documents only.
Legal Topics
Collateral Use of Disclosed Documents, Civil Procedure Rules 31.22, Mobile Telephone Voicemail Interception, Private Investigator Evidence
Civil Procedure Media Law Collateral Use of Disclosed Documents Civil Procedure Rules 31.22 Mobile Telephone Voicemail Interception Private Investigator Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

The Duke of Sussex

Claimant/applicant

MGN Limited

Defendant

News Group Newspapers Limited

Respondent

Procedural Posture

Application for Collateral Use of Disclosed Documents / Interlocutory Hearing, Judgment on Application

Legal Issues

  1. 1 Whether permission should be granted for collateral use of documents disclosed in other litigation under CPR 31.22
  2. 2 Whether use of documents would cause unwarranted prejudice to the disclosing party
  3. 3 Whether the application was made in breach of the implied duty not to use disclosed documents for collateral purposes

Ratio Decidendi

Permission is granted for the Duke and the other three claimants currently being tried to use the first category of documents (PI invoices) in the MNHL trial, as there is a good reason and no serious prejudice to NGN. Permission is refused for the second and third documents due to potential prejudice to NGN and limited relevance. No breach of the implied duty occurred by the Duke's legal team.

Court Disposition

Application granted in part; permission for collateral use of first category of documents only.

Orders

  • Permission granted for the Duke and three claimants to use first category of documents in MNHL trial, subject to restriction under CPR 31.22(2)
  • Documents may not be used for any other purpose except in MTVIL trial