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. -- 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.  ​ What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.  ​ ​ Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.  ​ Ken Macdonald KC served as Director of Public Prosecutions from 2003 2008, shaping modern prosecutorial policy and advocating for the rule o law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. ​ ​ Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. ​ If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices