A judge dealing with the legal costs of Prince Harry’s lawsuit against Mirror publisher MGN Limited has stepped back from the case, it has emerged. Senior Costs Judge Jason Rowley said on Thursday he would “recuse” himself from a hearing concerning the amount of legal costs to be paid after Harry sued Mirror Group Limited, adding his decision is “nothing to do with the parties involved”.
Harry filed a lawsuit against MGN Limited and alleged that its journalists were linked to voicemail interception, securing information through deception and hiring private investigators for unlawful activities. MGN largely contested the claims and denied that any of the articles complained of resulted from unlawful interception of voicemail. In February 2024, during a hearing in London, David Sherborne, for Harry, confirmed a settlement had been reached between the duke and MGN.
Mr Sherborne said MGN will pay Harry “a substantial additional sum by way of damages”, as well as his legal costs.
He added that the publisher would make an interim payment of £400,000.
Today, at the start of a hearing at a specialist costs court, Judge Rowley said: “Having seen the documents rather more fully… I have taken the view that I need to recuse myself from this case.”
He continued: “It is not a decision I have taken lightly.”
Judge Rowley said he was employed by Temple Legal Protection for “about 10 months” before his appointment as a costs judge in 2013, which had “not really been an issue” in his current role.
But he said he worked on a “bespoke” policy while at Temple Legal Protection which applied to “about 40% of the costs” in the current case.
He said: “I am concerned that I may have knowledge of how this is done that is not before the parties.”
He continued: “It seems to me obvious that the risk is there.”
He also said that while the issue is “not a point that has been raised by the parties”, a different judge will take over the case.
A further hearing will take place at a later date.
In December 2023, a judge ruled that voice interception became “widespread and habitual” at MGN titles in the late 1990s and was practised “even to some extent” during the Leveson Inquiry into press standards in 2011.
Mr Justice Fancourt also concluded that Harry’s phone was hacked “to a modest extent” by MGN, awarding him £140,600 in damages.
Prince Harry’s case was one of the four test cases within a much wider trial regarding issues of voice interception and illegal behaviour against MGN.
His case was heard alongside those of Coronation Street actors Michael Turner and Nikki Sanderson, and Paul Whitehouse’s wife, Fiona Wightman.
Mr Justice Fancourt ruled in favour of Harry on 15 out of the 33 claims he made against the publisher.
After December’s judgement, an MGN spokesperson said: “We welcome today’s judgment that gives the business the necessary clarity to move forward from events that took place many years ago. Where historical wrongdoing took place, we apologise unreservedly, have taken full responsibility and paid appropriate compensation.”