Prince Harry versus The Daily Mail: Whitewash or Fiasco?

Reaction to the damning judgment handed down by Mr Justice Nicklin on 7th July (https://www.judiciary.uk/judgments/lawrence-and-others-v associated-newspapers-limited/) dismissing the privacy and unlawful information gathering claims brought by Prince Harry and six other well known individuals against the Daily Mail publishers has been sharply divided. In an extraordinary, potentially reckless statement, given that Nicklin is due to decide the issues of costs later this month, Prince Harry condemned it as "a complete and obvious whitewash", questioning the objectivity and fairness of the Judge while Associated Newspapers welcomed the judgment as "a magnificent vindication" of the freedom of the press and its journalists.

For expert legal commentary on why the claimants lost, Ken Macdonald KC and Tim Owen KC are joined once again by the leading media barrister Gavin Millar KC, who regularly acts for the media in high profile legal cases. Why did the Judge reject each and every claim despite the Daily Mail admitting it had regularly recruited third party investigators with previous form for phone hacking, "blagging" and other unlawful conduct to assist its journalists in their stories? How could the claimants' legal team have got things so badly wrong? Is the Judge's approach to "propensity" evidence and the strict demand for article-by-article proof, appealable?

Ken and Tim then answer some listeners' questions about last week's episode with Dame Vera Baird KC and the current state of the CCRC, a recurring theme in our legal commentary on the criminal justice crisis, before ending with a tribute to the great former Lord Chancellor, Lord Mackay of Clashfern who died on 7th July 2026 at the age of 99.

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    ​

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