Scope of privilege raised in Mirror Group hacking case

The question of client-lawyer privilege came to the fore as the former group head of legal at Mirror Group Newspapers (MGN) gave evidence about alleged historical illegal information-gathering at the group.

Solicitor Marcus Partington appeared last Friday in the Rolls Building in Prince Harry and others’ phone hacking case against MGN – one of a number of legal actions the royal is pursuing through the courts.

When asked by David Sherborne, for the claimants, when he first had knowledge of unlawful information-gathering, Partington said: ‘In 2004, with Operation Glade [a Metropolitan Police investigation into unlawful information gathering].’

During questions about legal advice sought by editors and journalists, Partington told the court he was concerned about client privilege. Andrew Green KC, for MGN, interrupted cross-examination during questions about the police investigation. He said: ‘We are trespassing into what he did in his capacity as a solicitor.’

However, Mr Justice Fancourt replied: ‘[Sherborne] is asking what he discovered in police enquiries; he [Partington] was working as a solicitor but not giving advice to his client. How can you say it is litigation privilege? When advice is being given or [the] process of exchanging and giving information is [privileged], but what he is being asked is what he looked at to assist the police.’

Fancourt continued: ‘I am against you on this point. It seems Mr Sherborne is perfectly entitled to ask what [Partington] did and what he found, what he saw.

‘What he then instructed his client afterwards is, of course, privileged. That cannot be gone into. There is a clear line in principle between those two.’

Partington was asked about a letter to police responding to a police request for invoices of payments made by the Sunday Mirror. The court heard the Sunday Mirror did not make payments to private investigators, but the Daily Mirror did.

Partington said: ‘The letter is accurate. I am being careful by what I say [in the letter]. The police could have asked us more questions, could they not?

‘They were asking about Doug Kempster [a Sunday Mirror reporter who was arrested as part of police investigations into unlawful information gathering] payments to Jonathan Rees [a private investigator].’

Partington added: ‘It was an accurate letter. Lawyers have to be careful in letter writing.’

Prince Harry will give evidence next week. The trial continues.