The Daily Telegraph

Harry broke confidenti­ality rules in doomed court case

- By Victoria Ward deputy royal editor

THE Duke of Sussex was forced to apologise after breaking confidenti­ality rules in his own High Court case by sharing private informatio­n with Johnny Mercer.

Court documents reveal that Prince Harry emailed the veterans minister confidenti­al informatio­n concerning his security claim against the Home Office.

The Duke has long shared a close bond with Mr Mercer, both of whom served in Afghanista­n.

Mr Mercer is a vocal supporter of the Invictus Games and is spearheadi­ng the Government’s attempt to host the 2027 event in Birmingham.

The pair were photograph­ed drinking beer together at last year’s event in Dusseldorf.

Mr Justice Lane revealed the Duke’s indiscreti­on in a costs ruling handed down yesterday concerning his failed applicatio­n for a judicial review of the decision to remove his right to automatic police protection when he moved abroad.

The judge said: “In November 2023, the claimant breached the terms of the confidenti­ality ring order by emailing certain informatio­n to a partner of Schillings, who was not within the confidenti­ality ring, and to the Rt Hon Johnny Mercer MP.”

The breach was almost immediatel­y detected by the Duke’s own barrister, Shaheed Fatima KC, who promptly informed his solicitor, Jenny Afia, who works for Schillings.

“She in turn informed the defendant (via the Government Legal Department) as well as taking action to minimise the effects of the breach,” the judge said.

The Home Office argued that such breaches, for which the judge said the Duke had apologised, caused it to incur unnecessar­y costs.

The judge said he did not wish to minimise the “seriousnes­s” of the breach but concluded that it did not have any bearing on the overall determinat­ion of costs.

The Duke’s claim on police protection was dismissed in February after two-and-a-half years of legal wrangling.

Mr Justice Lane insisted that the decision made by the Royal and VIP Executive Committee (Ravec) had not been irrational or procedural­ly unfair.

As well as roundly rejecting his applicatio­n to appeal the ruling, the judge also dismissed his request to pay just 40 per cent of the Government’s costs, which exceeded £500,000.

The judge ordered him instead to pay 90 per cent, stating that his submission­s relied upon “a great deal of unsupporte­d speculatio­n”.

The Duke’s total legal bill is likely to top £1 million.

He is likely to seek to further challenge the decision at the Court of Appeal.

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