Harry Settled his NGN Suit; Was It Really A Victory?

After a delay yesterday, the trial pitting Prince Harry against the News Group Newspapers (“NGN”)—the publisher of The Sun and the former News of the World—was supposed to go forward today. Instead, it was announced the parties had reached a settlement for an undisclosed but substantial sum of money. I am sure the judge is breathing a sigh of irritated relief, but the rest of us are left wondering, other than the lawyers, who is the real winner here?

Through his counsel, David Sherborne, Harry is declaring unequivocal victory and that the settlement represents “a monumental victory.” An apology and a “substantial settlement sum” seem, on the face to be victory, but I wanted to dig a little.

Lawsuits settle for all sorts of reason. Sometimes you settle because you are wrong and will clearly lose in court. Sometimes you settle because the cost of litigation, which is always substantial, is not worth the victory. Sometimes you settle because you want the story out of the press.

Apparently, NGN has tried to settle this case multiple times (as it has settled with other claimants like Hugh Grant), but Harry refused to settle unless NGN apologized for wrongdoing. When one party seeks settlement again and again, I typically assume that’s the party with the weaker case, but after digging through this story a little more, I am not so sure anymore.