Duke of Sussex and others -v- Associated Newspapers (transmission direction order)

High CourtKing's Bench DivisionMedia and Communications ListTransmission Direction Order

Amended under the Slip Rule CPR 40.12 dated 22nd September 2025 and approved by
Mr Justice Nicklin

Claim numbers: KB-2022-003316
KB-2022-003317
KB-2022-003318
KB-2022-003340
KB-2022-003357
KB-2022-003404

In the High Court of Justice
King’s Bench Division
Media and Communications List

22 September 2025

Before:

The Honourable Mr Justice Nicklin

Between:

(1) Baroness Lawrence of Clarendon OBE
(Claim no. KB-2022-003316)
(2) Elizabeth Hurley
(Claim no. KB-2022-003317)
(3) Sir Elton John CH CBE
(4) David Furnish
(Claim no. KB-2022-003318)
(5) Sir Simon Hughes
(Claim no. KB-2022-003340)
(6) Prince Harry, the Duke of Sussex
(Claim no. KB-2022-003357)
(7) Sadie Frost Law
(Claim no. KB-2022-003404)

-v-

Associated Newspapers Limited

Order

FURTHER to the Order of 11 July 2025 whereby the Court directed a further Case Management Hearing fixed for 2 days on 1-2 October 2025

AND UPON the Court considering that it is likely that persons not taking part in the proceedings are likely to wish to attend the Case Management Hearing remotely and to make a transmission direction requests to enable them to do so

WITHOUT A HEARING IT IS ORDERED that:

  1. Any request by a person not taking part in the proceedings (“an applicant”) for a direction under s.85A(3)(b) Courts Act 2003 for permission to watch or listen to the Case Management Hearing remotely (“a transmission direction request”) must be made (in accordance with Paragraph 3 below) by 10am on Monday 29 September 2025.
  2. Any transmission direction request must be sent to kbjudgeslistingoffice@justice.gov.uk and must include the following:

(a) the full name of the applicant;
(b) the email address of the applicant;
(c) information as to whether the applicant would be located within the jurisdiction of England and Wales at all times when attending the Case Management Hearing remotely (if a transmission direction were to be made); and, if not, details of the applicant’s location;
(d) any information the applicant wishes to provide in support of the request, including in particular any reason(s) why it is contended that making such a direction would be in the interests of justice; and
(e) a statement by the applicant in the following terms:

“I agree and undertake to the Court that, if permitted to attend the Case Management Hearing remotely, I will not make a recording, capture images, and/or broadcast any part of the proceedings. I understand that to do so may be an offence and/or contempt of court, punishable by imprisonment and/or a fine. I will abide by any directions given to me by the Court during the Case Management Hearing.
I agree and undertake to the Court that I will not provide the link that I am given to access the Case Management Hearing to any other person.”

  1. A transmission direction request that is not made by the deadline imposed by Paragraph 1 of this Order and/or does not comply with Paragraph 2 of this Order may be refused. Any transmission direction request made otherwise than in accordance with the directions in Paragraphs 1 and 2 must be made by way of Application Notice.

REASONS

(A) The Court anticipates that, as has been the case with previous hearings in this litigation, there is likely to be interest from media representatives and members of the public in attending remotely the Case Management Hearing on 1-2 October 2024. To manage the process, I have again set out a straightforward procedure whereby anyone who wishes to attend the hearing remotely can make a transmission direction request by email.

(B) The Court will not normally grant a transmission direction request in respect of an applicant who will not be in England & Wales during the Case Management Hearing. Anyone making a transmission direction request who will not be in England & Wales should provide information (pursuant to paragraph 2(d) above) as to why it would nevertheless be in the interests of justice to make a transmission direction order in his/her case.  

(C) Late requests, because they cause disruption to the Court’s work and utilise a disproportionate amount of the Court’s limited resources, are likely to be refused, unless there are compelling reasons why the applicant was unable to comply with the Court’s directions.

22 September 2025