The Duke of Sussex -v- Associated Newspapers Limited

High CourtKing's Bench DivisionMedia and Communications ListTransmission Direction Order

Claim Number: QB-2022-000595

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

5 December 2023

Before:
The Honourable Mr Justice Nicklin

Between:
The Duke of Sussex
-v-
Associated Newspapers Limited

Order

UPON APPICATION by the Claimant by Application Notice dated 21 November 2022 seeking summary judgment on his claim against the Defendant and/or striking out of the defence of honest opinion from the Defence, on the grounds that the defence has no real prospect of success and there is no other reason why the disposal of the issue should await trial (“the Summary Judgment Application”)

AND UPON the Court having heard the Summary Judgment Application at a hearing on 17 March 2023 and reserved judgment.

WITHOUT A HEARING IT IS ORDERED that:

Arrangements for judgment

  1. Judgment on the Summary Judgment Application will be given at 10am on Friday 8 December 2023 by remote circulation of the judgment to the parties and their representatives by email and by release on www.judiciary.uk and to The National Archives (“the Judgment”).

Further Hearing

  1. There will be a hearing at 2pm on Tuesday 12 December 2023 where the Court will determine the Order to be made consequent on the Judgment (“the Further Hearing”).
  2. The parties must cooperate to attempt to agree the orders consequent upon Judgment.
  3. By 10am on Monday 11 December 2023, the parties must:
    a. file a draft order showing those orders the parties are agreed (subject to the Court’s approval) should be made consequent upon Judgment and those that are not agreed; and
    b. file and exchange skeleton arguments for the Further Hearing.
  1. By 10am on Tuesday 12 December 2023, the Claimant must file a joint bundle of authorities.
  2. Any application for permission to appeal is adjourned to the Further Hearing. The time for lodging an Appellant’s Notice with the Court of Appeal (Civil Division) is extended until, at least, 21 days after the Further Hearing and the Court will consider any application for a further extension of time at the Further Hearing.

Transmission Direction Requests for the Further Hearing

  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 Further Hearing remotely (“a transmission direction request”) must be made (in accordance with Paragraph 8) by 10am on Monday 10 December 2023.
  2. Transmission direction requests 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 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 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 Hearing. I agree and undertake to the Court that I will not provide the link that I am given to access the Hearing to any other person.”
  1. A transmission direction request that is not made by the deadline imposed by Paragraph 7 of this Order and/or does not comply with Paragraph 8 of this Order may be refused. Any transmission direction request made otherwise than in accordance with the directions in Paragraphs 7 and 8 must be made by way of Application Notice.

REASONS

(A) The Court will be handing down Judgment remotely on Friday 8 December 2023 at 10am. The Further Hearing has been fixed for Tuesday 12 December 2023 at 2pm to enable the Court to determine the orders that should be made consequent upon the judgment.

(B) The Court anticipates that, as was the case with the original hearing, there is likely to be interest from media representatives and members of the public in attending remotely the Further Hearing on 12 December 2023. To manage the process, I have set out a straightforward procedure whereby anyone who wishes to attend the hearing remotely can make a transmission direction request.

(C) The Court will not normally grant a transmission direction request in respect of an applicant who will not be in England & Wales during the Hearing. Anyone making a transmission direction request who will not be in England & Wales should provide information (pursuant to paragraph 8(d) above) as to why it would nevertheless be in the interests of justice to make a transmission direction order in his/her case.

(D) Late requests, because they cause disruption to the Court’s work are likely to be refused, unless there are compelling reasons why the applicant was unable to comply with the Court’s directions.

5 December 2023