A judge in charge of determining the legal costs of the Duke of Sussex's case against the Daily Mirror has recused himself from the process.
Senior Costs Judge Jason Rowley confirmed on Thursday that he was stepping away from the hearing, which was held to determine how much of Prince Harry's legal costs would be covered by Mirror Group Newspapers (MGN) following the royal's victory against them in court back in December 2023.
At the start of the hearing, Judge Rowley explained: "Having seen the documents rather more fully… I have taken the view that I need to recuse myself from this case. It is not a decision I have taken lightly."
Judge Rowley had worked at Temple Legal Protection for ten months before becoming a costs judge and during his time with them, he had designed a "bespoke" policy that applied to "about 40% of the costs" for the case.
He added: "I am concerned that I may have knowledge of how this is done that is not before the parties. It seems to me obvious that the risk is there."
Judge Rowley also confirmed that the issue was "not a point that has been raised by the parties". He will be replaced by another judge and a further hearing is scheduled for a later date.
Harry's case against MGM
The case was brought against MGM after the Prince sued the publisher for damages, claiming journalists at its titles – the Daily and Sunday Mirror and Sunday People – were linked to methods including phone hacking, blagging or gaining information by deception, and use of private investigators for unlawful activities.
The allegations spanned a period from as early as 1991 until at least 2011, the court heard. The high-profile trial spanned seven weeks and concluded in June 2023. Harry flew over from the US to spend eight hours of questioning in the witness box, over two days.
In December of that year, Harry was awarded £140,600 in damages after the court found 15 articles about Harry were the product of unlawful information gathering.
In February 2024, Harry's lawyer, David Sherborne, told the High Court that MGN would pay "substantial" additional damages and "all the costs of the duke's claim", including an interim payment towards the costs of £400,000.
Second legal battle
Harry also currently has a case against Associated Newspapers Limited, the group that owns the Daily Mail.
The Duke is part of a group including Elizabeth Hurley and Elton John who have accused the publisher of conducting or commissioning unlawful activities such as hiring private investigators to tap phones, and "blagging" private records.
In a ruling for the case last week, a High Court judge said that the Duke's legal team needed to hand over documents that relate to alleged payments for evidence in the case.
In his judgment, Mr Justice Fancourt said: "I am satisfied that documents held by the claimants that can support a case that a witness has been paid or offered other inducement for their evidence, whether directly or indirectly, should be disclosed.
"That is because there is a real prospect that Associated will be able to rely upon this evidence to attack the credibility of such witnesses. Ultimately, the issue of whether the payment or inducement does affect the credibility of any witness is a matter to be resolved at trial."