Axel Landin, associate in our Media Law team, has been quoted in The Telegraph as Prince Harry ends his legal action against The Sun publisher, News Group Newspapers (NGN), having agreed an eight-figure settlement.

The article explains that the eleventh-hour deal came after 25 hours of negotiations and was announced this morning. In the article, Axel comments:

Prince Harry clearly wanted his day in court but, like others before him, has had his hand forced by the legal system, which incentivises out-of-court settlements.

Parties make offers to pay or accept particular amounts, and the judge cannot scrutinise these offers when deciding the case, but must reach a view on what the claim is worth independently of them.

Generally, in our system, the losing party pays the costs of both sides.

But if a claimant wins on the facts of the case but secures a smaller sum in damages than was contained in an offer they declined, it is a pyrrhic victory indeed.

The ‘winner’ will foot the bill for both sides’ costs and in a case like this, that’s a seven-figure sum – far greater than the damages.

The full article can be read here.

Axel Landin advises on all aspects of Media Law, with an emphasis on defamation and privacy, breach of confidence, and data protection.