The Duke of Sussex v MGN Limited

The Duke of Sussex v MGN Limited

Permission is granted for the Duke and the other three claimants whose cases are being tried to use the first category of documents (invoices from private investigators) during the trial, as there is a good reason and no serious prejudice to NGN. Permission is refused for the second and third documents due to the potential prejudice to NGN outweighing the injustice to the Duke. There was no breach of the implied undertaking by the Duke's solicitors.

Parties
Claimant/applicant: The Duke of Sussex; Defendant: MGN Limited; Respondent: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Application Within Ongoing Civil Litigation / Interlocutory Application for Permission to Use Disclosed Documents
Outcome
Application granted in part, refused in part
Legal Topics
Collateral Use of Disclosed Documents, Disclosure, Civil Procedure Rules 31.22, Media Litigation
Civil Procedure Collateral Use of Disclosed Documents Disclosure Civil Procedure Rules 31.22 Media Litigation

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 Within Ongoing Civil Litigation / Interlocutory Application for Permission to Use Disclosed Documents

Legal Issues

  1. 1 Whether the claimant should be granted permission under CPR 31.22(1)(b) to use documents disclosed in other litigation for the purposes of the current trial
  2. 2 Whether there was a breach of the implied undertaking restricting collateral use of disclosed documents
  3. 3 Whether use of the documents would cause unwarranted prejudice to the disclosing party

Ratio Decidendi

Permission is granted for the Duke and the other three claimants whose cases are being tried to use the first category of documents (invoices from private investigators) during the trial, as there is a good reason and no serious prejudice to NGN. Permission is refused for the second and third documents due to the potential prejudice to NGN outweighing the injustice to the Duke. There was no breach of the implied undertaking by the Duke's solicitors.

Court Disposition

Application granted in part, refused in part

Orders

  • Permission granted to use the first category of documents (PI invoices) in the MNHL trial for the claimants currently being tried, subject to restriction under CPR 31.22(2) that they may not be used for any other purpose except in the MTVIL trial.
  • Permission refused for use of the second and third documents in the MNHL trial.