‘Palace Four’ move could bring case to trial

A letter to the High Court from former aides could end Duchess’s hopes of avoiding public testimony

THE senior royal aides described as the “Palace Four” have told the High Court they will disclose whether the Duchess of Sussex gave private information to the authors of Finding Freedom, indirectly or otherwise.

The four, who were among the Duchess’s closest advisers, insisted they would remain “strictly neutral” and had no interest in helping either side in her legal action against the Mail on Sunday.

In a letter lodged with the High Court, Samantha Cohen, her former private secretary, Christian Jones, former deputy communications secretary, Jason Knauf, former communications secretary, and Sara Latham, former communications director, said they would also provide evidence about the creation of the Duchess’s letter to her father, as well as the draft, and whether she expected it to be made public.

The prospect of new evidence could deal a blow to the Duchess’s attempt to have the case decided without a trial.

Antony White QC, for Associated Newspapers, owner of the Mail on Sunday, said the four could clearly “shed light” on the issues, and the case “cried out” for further investigation.

“The evidential picture at trial is likely to be very different from the one presently before the court,” he added.

The Duchess is suing Associated for breach of privacy and copyright relating to five articles published in Feb 2019 featuring extracts of the letter.

She has applied for a summary judgment, a legal step that would negate the need for witness evidence.

The Duchess has said when she was composing the letter, Mr Knauf, a close confidant who is now chief executive of the Royal Foundation, “provided feedback” in the form of “general ideas”.

Mr White suggested she sought professional advice because she knew it would be made public and it was intended to be part of a media strategy to enhance her image.

He said there was “no other good reason” to discuss its contents with the royal communications team.

“Why were they involved at all in the wording of a letter if it was a wholly private letter?” he asked.

The letter sent on behalf of the “Palace Four” revealed they did not want to be involved with the trial, not least due to the sensitivity and discretion of their Royal household roles.

It said they also did not wish to “take sides”, adding: “Their only interest is in ensuring a level playing field.”

The letter said one or more of them “would be in a position to shed some light” on the creation of the letter and its draft, whether the Duchess anticipated it might become public and whether she “directly or indirectly” provided private information to the authors of Finding Freedom, a favourable biography of the Sussexes published last year.

Mr White argued an article in People magazine, based on interviews with the Duchess’s friends, “set the scene” for unfolding events. It made the first public reference to the letter. He noted the Duchess had admitted the article’s description of the tone and purpose of the letter was inaccurate. “She admits the letter was not an attempt at reconciliation, it was an admonishment,” he said.

The Duchess has accused Associated of a “triple barrelled” breach of her rights by using the letter. Mr Justice Warby said he would deliver his judgment “as soon as possible”.