A High Court judge scrutinised the sourcing of more than 50 Mail articles about Prince Harry, Sir Elton John, Sadie Frost, Liz Hurley and the murder of Stephen Lawrence as he ultimately dismissed allegations of unlawful information gathering.
Some 53 Daily Mail and Mail on Sunday articles (plus one unpublished draft) were challenged and accused of being sourced via unlawful means such as phone hacking, phone tapping and blagging.
But High Court judge Mr Justice Nicklin has entirely vindicated the Mail’s journalism by finding that its reporters were trustworthy witnesses who were often able to remember how their articles were sourced, even going back two decades.
Mr Justice Nicklin also found that payment records were unable to be directly linked to specific articles or to any supposed unlawful activity.
The burden of proof was on the claimants and their legal team to prove unlawful information gathering had taken place on the balance of probabilities. They failed at this on all 97 counts.
[Read more: Paul Dacre: Prince Harry privacy case ‘conspiracy to destroy paper’]
Below is a summary of the judge’s findings in relation to every article cited in the Associated Newspapers privacy judgment.
Daily Mail and Mail on Sunday articles cleared of unlawful information gathering allegations
1. Lawrence: a public inquiry, Daily Mail, 24 July 1997
Claimant: Baroness Doreen Lawrence
Judge’s conclusion: Not proved to be obtained by unlawful act “as opposed to being derived from lawful sourcing and/or inference from prior reporting”
2. £320,000 for Lawrences, Daily Mail, 14 October 2000
Claimant: Baroness Lawrence
Judge’s conclusion: Not established that £200 payment was “sufficiently linked to the sourcing of this article to support the inference of UIG”
3. The Godfather: Prince Harry on pram duty, Mail on Sunday, 2 September 2001
Claimant: Prince Harry
Judge’s conclusion: Not established to have been obtained by unlawful means “rather than by a source within the broad category of social/royal contacts”
4. Mummy’s little boy – But ‘Daddy’ is still in denial as Liz gives birth, Daily Mail, 5 April 2002
Claimant: Liz Hurley
Judge’s conclusion: No documentary evidence of investigators being instructed and nothing in article “which compels an inference of unlawful acquisition”
5. Elton takes his boughs, Daily Mail, 13 June 2002
Claimant: Sir Elton John, David Furnish, Liz Hurley
Judge’s conclusion: Not proved to be obtained by UIG
6. Bing IS the father; Paternity case defeat for Liz’s ex as DNA proves Damian is his, Daily Mail, 20 June 2002
Claimant: Liz Hurley
Judge’s conclusion: Much was already widely reported, and no specific documentary evidence supporting alleged commissioning of UIG
7. So what now for Baby Bing?, Daily Mail, 21 June 2002
Claimant: Liz Hurley
Judge’s conclusion: Not satisfied on balance of probabilities that UIG was used
8. Bing to pay £7,000 a month for Hurley’s baby, Mail on Sunday, 23 June 2002
Claimant: Liz Hurley
Judge’s conclusion: Not satisfied on balance of probabilities that UIG was used. Journalist identified “coherent lawful source pathway for the story”
9. Why Liz’s baby Damian is still waiting for a smile from dad, Daily Mail, 14 August 2002
Claimant: Liz Hurley
Judge’s conclusion: Failed to demonstrate any UIG
10. Now I wish I’d stayed with Hugh, admits a lonely Liz, Daily Mail, 28 September 2002
Claimant: Liz Hurley
Judge’s conclusion: Failed to prove on balance of probabilities obtained by UIG
11. Jude Law plans to sue club over his daughter’s Ecstasy tablet…, Mail on Sunday, 13 October 2002
Claimant: Sadie Frost
Judge’s conclusion: Absence of complete explanation from ANL about where story came does not relieve claimant of burden of proof on UIG
12. Model Kate will have her baby christened with a touch of Frost/Kate has touch of Frost for new baby, Daily Mail, 19 October 2002
Claimant: Sadie Frost
Judge’s conclusion: UIG not demonstrated. “Not permissible” to say because ANL cannot positively explain how article was sourced, it must have been unlawfully sourced
13. Harry’s older woman, Mail on Sunday, 8 December 2002
Claimant: Prince Harry
Judge’s conclusion: Journalist’s “clear and emphatic” denial of voicemail interception accepted. Case based on speculation, not evidence
14. So is Liz hurling towards heartbreak again?, Daily Mail, 1 February 2003
Claimant: Liz Hurley
Judge’s conclusion: Accepted evidence from journalist about sourcing: previous reporting, a confidential social source, and a stringer
15. The smiley show – their marriage in turmoil, Sadie and Law play happy families for the camera, Daily Mail, 5 February 2003
Claimant: Sadie Frost
Judge’s conclusion: Story came from freelance contact Sharon Feinstein with strong source in Sadie Frost’s social circle or family
16. Harry falls for a girl from the Glossy Posse, Daily Mail, 11 May 2003
Claimant: Prince Harry
Judge’s conclusion: “Not persuaded that the evidential picture goes beyond suspicion”
17. Welcome to the Sadie & Jude show, Daily Mail, 19 July 2003
Claimant: Sadie Frost
Judge’s conclusion: “Not persuaded that the Claimants’ case goes beyond suspicion”
18. Information concerning Ms Frost Law’s pregnancy (unpublished draft article), October 2003
Claimant: Sadie Frost
Judge’s conclusion: No proper evidential basis for hacking allegation
19. Keep that girl away from our kids!, Mail on Sunday, 2 November 2003
Claimant: Sadie Frost
Judge’s conclusion: Article sourced from “someone close to Sienna Miller”
20. Sadie v Jude, Mail on Sunday, 29 February 2004
Claimant: Sadie Frost
Judge’s conclusion: Information provided by freelance journalist Lee Harpin; no evidence of hacking
21. Yard admits defeat in battle to charge Stephen’s killers, Daily Mail, 5 May 2004
Claimant: Baroness Lawrence
Judge’s conclusion: Journalist took “comprehensible” route to story including checking hunch with confidential police source he says he did not pay
22. You’re both single so stop hiding, Liz tells Hugh and Jemima…, Mail on Sunday, 18 July 2004
Claimant: Liz Hurley
Judge’s conclusion: Gist of private conversations could have been repeated within social circle. Judge not satisfied on balance of probabilities that information came from hacking
23. Liz: why I’ll never have another baby unless I can marry the father, Mail on Sunday, 1 August 2004
Claimant: Liz Hurley
Judge’s conclusion: Article came from several sources and prior reporting
24. Jude gives Sadie £10m divorce deal, Daily Mail, 2 October 2004
Claimant: Sadie Frost
Judge’s conclusion: Information from freelance journalist Sharon Feinstein who had confidential source close to Frost
25. Harry Besotted with Chelsy, his first true love, Mail on Sunday, 28 November 2004
Claimant: Prince Harry
Judge’s conclusion: Correct spelling of Chelsy Davy’s name came from ranch contacts and she was then located in Cape Town “by conventional means”
26. How Harry fell in love, Daily Mail, 2 December 2004
Claimant: Prince Harry
Judge’s conclusion: Story came via a tip to the newsdesk
27. Crazy Sadie v Moody Judey, Daily Mail, 8 January 2005
Claimant: Sadie Frost
Judge’s conclusion: Not established, on the balance of probabilities, that any information came from UIG
28. It’s the Army or me, Harry, Mail on Sunday, 6 February 2005
Claimant: Prince Harry
Judge’s conclusion: Coherent source route’ for story given
29. Ronnie’s torment: For nearly a year Ronnie Barker’s son has been on the run from child porn charges, Daily Mail, 9 April 2005
Claimant: N/A (used as wider evidence)
Judge’s conclusion: Entirely plausible’ that journalist was briefed by police source with oversight of the investigation
30. The Jude v Sadie Show, Daily Mail, 30 June 2005
Claimant: Sadie Frost
Judge’s conclusion: New information came from freelance journalist Sharon Feinstein
31. Sadie’s £6 million divorce, Daily Mail, 1 July 2005
Claimant: Sadie Frost
Judge’s conclusion: Payments referenced cannot be directly connected to this article or Frost
32. Will the ex factor force Liz to halt her big day?, Mail on Sunday, 11 May 2003
Claimant: Liz Hurley
Judge’s conclusion: Story likely came from “ordinary journalistic sources”. No proper basis established for allegation of voicemail interception
33. Elton cops an extra bill for wedding, Daily Mail, 16 December 2005
Claimant: Sir Elton John, David Furnish
Judge’s conclusion: Payments referenced cannot be connected to this article. “Lawful explanations remain realistically open on the evidence, including a combination of public reporting,
deduction, official or semi-official background, and information from Sir Elton’s spokesman or another intermediary involved in the arrangements”
34. I’m mad about Harry, Daily Mail, 2 January 2006
Claimant: Prince Harry
Judge’s conclusion: Lawful explanations include combination of cuttings, local eyewitness or hospitality contacts, a local freelance journalist, and sources within Chelsy Davy’s circle
35. Is Ronnie Barker’s family helping hide his runaway son, Daily Mail, 25 February 2006
Claimant: N/A (used as wider evidence)
Judge’s conclusion: Financial information in article came from police sources, not UIG
36. Let Her Rest in Peace, Daily Mail, 15 July 2006
Claimant: Prince Harry
Judge’s conclusion: Palace press officer provided non-attributable or background information
37. Harry and Chelsy’s love at crossroads, Mail on Sunday, 17 September 2006
Claimant: Prince Harry
Judge’s conclusion: Article sourced from contacts in Chelsy Davy’s social circles and freelance journalists with sources of their own
38. Heather’s ‘Bombshell’; Sir Paul’s Wife Is Ready to Go Public with a Series of ‘Serious Allegations’ about the Way He Treated Her, Daily Mail, 27 September 2006
Claimant: N/A (used as wider evidence)
Judge’s conclusion: Information sourced from Heather Mills’ spokesperson
39. Jemima snubs Liz’s big day, but will best man Hugh?, Mail on Sunday, 7 January 2007
Claimant: Liz Hurley
Judge’s conclusion: Information came from a source
40. Enter Team Hurley, Daily Mail, 3 March 2007
Claimant: Liz Hurley
Judge’s conclusion: Article assembled from cuttings and other publicly available material, plus colour from confidential source. No evidence linking payment in record to article
41. Princes and Palace clash on ‘all-night’ Diana party, Mail on Sunday, 20 May 2007
Claimant: Sir Elton John, David Furnish, Prince Harry
Judge’s conclusion: Journalist gave “coherent account” of likely sources. No “evidential foundation” for hacking allegation
42. Jude and Sadie’s school reunion, Mail on Sunday, 19 August 2007
Claimant: Sadie Frost
Judge’s conclusion: Freelance journalist Sharon Feinstein helped to stand up the story and was paid for her assistance
43. LAWRENCE SENSATION. Exclusive: Ten years after Mail accused these men of murdering black teenager Stephen Lawrence they face re-arrest after dramatic forensic breakthrough WILL FIVE FACE NEW TRIAL?, Daily Mail, 8 November 2007
Claimant: Baroness Lawrence
Judge’s conclusion: Information came from confidential police source outside the investigation team, who wasn’t paid. “In a case of this profile, involving a journalist who had followed the Lawrence investigation for many years and had a long-developed network of professional police contacts, the existence of such a source and of such sourcing is not inherently implausible.”
44. Harry takes Chelsy on a make-or-break holiday, Daily Mail, 8 December 2007
Claimant: Prince Harry
Judge’s conclusion: Despite “suspicions” around an email containing apparently unlawfully obtained flight data, judge “not satisfied on the balance of probabilities that Prince Harry has demonstrated UIG”
45. Is Arun already tired of being Mr Liz Hurley, Daily Mail, 16 March 2009
Claimant: Liz Hurley
Judge’s conclusion: Source, paid lawfully. £1,100 cashbook entry does not relate to voicemail interception or blagging
46. Sick Elton cancels more tour dates, Daily Mail, 2 November 2009
Claimant: Sir Elton John, David Furnish
Judge’s conclusion: Information from already publicly available material and guidance from Sir Elton’s spokesperson
47. Harry moves in with Chelsy, Mail on Sunday, 24 January 2010
Claimant: Prince Harry
Judge’s conclusion: Information from confidential sources and cuttings
48. Elton: I’m the Daddy, Daily Mail, 30 December 2010
Claimant: Sir Elton John, David Furnish
Judge’s conclusion: Information obtained by phoning the Births, Deaths and Marriages registry in Los Angeles
49. Will Shane ‘debacle’ cost Liz her godmother dream, Mail on Sunday, 2 January 2011
Claimant: Liz Hurley, Sir Elton John, David Furnish
Judge’s conclusion: Evidence “points towards gossip and discussion among friends, not towards any proved mechanism of UIG”
50. Elton’s new baby next door (in £1.3 million luxury flat), Mail on Sunday, 2 January 2011
Claimant: Sir Elton John, David Furnish
Judge’s conclusion: Claimants failed to prove that “false pretences were used by a freelancer or source in the building to obtain information about arrangements in the apartment or the identity of the surrogate mother”
51. Katie Nicholl column: AIDS foundation ball, Mail on Sunday, 10 July 2011
Claimant: Sir Elton John, David Furnish
Judge’s conclusion: “Ordinary, lawful source for a short diary item of this kind”
52. Harry cooks up a reunion over dinner at Chelsy’s, Mail on Sunday, 9 October 2011
Claimant: Prince Harry
Judge’s conclusion: “Ordinary and lawful sourcing”
53. Prince Harry faces lonely New Year’s Eve after girlfriend Cressida flies to Richard Branson’s private island without him, Daily Mail, 27 December 2013
Claimant: Prince Harry
Judge’s conclusion: Palace guidance and confidential source proved via “clear contemporaneous evidence”
54. Girl about town: Elton in Monaco ambulance dash, Mail on Sunday, 8 August 2015
Claimant: Sir Elton John, David Furnish
Judge’s conclusion: Sir Elton’s spokesperson supplied some of the information. Payment records “do not justify any inference that information for this Article was unlawfully obtained”. Article was “materially inaccurate” in several ways: “Those inaccuracies are much easier to reconcile with a story built from a public tip, French press reports and a spinning or downplaying response from a publicist than with the suggestion that the journalist obtained direct private medical information from hospital staff or through voicemail interception”
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