Prince Harry Scolded by Judge for Missing Lawsuit Over Daughter's Birthday

Prince Harry's lawyer got a stern talking to from the judge in one of his U.K. media lawsuits after skipping court due to his daughter Princess Lilibet's birthday.

The Duke of Sussex is expected to become the first senior royal since 1891 to give evidence in a court case on Tuesday, June 6.

However, judge Sir Timothy Fancourt asked him to attend court on Monday, June 5, just in case statements by the two sides' legal teams were wrapped up early, allowing his evidence to begin.

Explaining the duke's absence, David Sherborne, Harry's attorney, told the court: "The Duke of Sussex is attending tomorrow to give evidence. He flew yesterday evening from Los Angeles. He was attending his daughter's birthday."

Lilibet turned two on Sunday, June 4, the same day Harry boarded a plane to Britain ahead of the case. Meghan is believed to have remained in California with Lilibet and Prince Archie, the couple's son.

"Obviously," the lawyer continued. "He is in a different category to the three other defendants because he has to make travel arrangements as such and security arrangements as such."

However, Fancourt said he was "a little surprised" and suggested it was always a possibility there would be time to begin Harry's evidence on Monday: "That's why I directed that the first witness should be available. It's a matter for the defendant whether they open [make an opening speech] at all.

"I don't want to spend very much time about it as it appears there may not be very much done about it."

Harry is suing Mirror Group Newspapers (MGN) on historic allegations of phone hacking relating to aspects of his private life, including his relationship with ex-girlfriend Chelsy Davy.

His lawyers have accused Piers Morgan, a repeated critic of Harry and Meghan, of knowing about and colluding in phone hacking by journalists at the Daily Mirror while he was editor, an allegation Morgan has previously denied.

Andrew Green, the newspaper's lawyer, also objected to Harry skipping Monday's hearing, stating he was concerned about "whether I can cross examine the Duke of Sussex for the day and a half that I want rather than the day the claimant are trying to confine me to.

"The position is that the only witness for the Duke of Sussex is the Duke of Sussex and that is why it is absolutely extraordinary that he is not available for day one of his trial."

The judge told Green he would not be confined to a single day if he needed to continue for longer.

When Harry testifies on Tuesday, the court will also release a witness statement by the duke which is quoted from in other court documents but has never been released in full.

In it, the prince accuses the Mirror Group of causing him "huge distress" and presenting "very real security concerns for not only me but also everyone around me," for example, by obtaining his travel plans in advance.

Harry said there was "a huge amount of paranoia in my relationships" because phone hacking made him suspicious that friends were leaking information to the newspapers.

His lawyers said in a court filing that "he could not trust anybody," and added: "It also caused great challenges in his relationship with his ex-girlfriend Chelsy Davy, and made him fear for his and her safety.

"Every time he was in a relationship, or even a rumoured relationship, that whole person's family, and often their friends, would be 'dragged into the chaos' and find themselves the subject of unlawful activity on the part of MGN.

"There was nowhere that was "off limits" for MGN's newspapers, whose journalists even managed to book into a hotel in Bazaruto, a small island off the coast of Mozambique, when the [Duke of Sussex] and Ms Davy tried to escape there and enjoy some peace and quiet."

Harry's statement will say this "placed a huge amount of unnecessary stress and strain" on their relationship, leading Davy to conclude "a royal life was not for her."

The break-up, according to Harry's statement, was "incredibly upsetting" and as their friendship circle became smaller he experienced "huge bouts of depression and paranoia."

The hearing, at the Royal Courts of Justice, in London, U.K., continues.

Jack Royston is chief royal correspondent for Newsweek, based in London. You can find him on Twitter at @jack_royston and read his stories on Newsweek's The Royals Facebook page.

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