Prince Harry has every right to disagree with a judge.
He has every right to appeal.
He has every right to say he believes the court reached the
wrong conclusion.
What he does not have the right to do – at
least not without inviting serious criticism – is accuse a High
Court judgment of being a “complete and obvious whitewash”.
That is no longer an attack on a decision. It is an attack on
the integrity of the judiciary itself.
Harry and his co plaintiffs issued a blistering statement after
losing their case against Associated Newspapers, claiming the court
had ignored evidence and effectively exonerated the publisher
without justification. They described the judgment as a “whitewash”
and suggested the outcome represented one rule for powerful
newspapers and another for those seeking justice.
Strong words. Exceptionally strong words.
But words matter—especially when they come from the King’s son
and someone who remains fifth in line to the throne.
Britain’s courts are built on a simple constitutional principle:
judges are independent. They do not answer to ministers, newspaper
editors or Buckingham Palace. They swear an oath to “do right to
all manner of people after the laws and usages of this realm,
without fear or favour, affection or ill will.”
You don’t have to like every judgment. Plenty of them are
overturned on appeal. That is why appeals exist.
If Harry genuinely believes the judge erred in law, the Court of
Appeal is waiting.
Instead, he chose to question the legitimacy of the judgment
itself.
That should concern everyone, regardless of whether they support
him or loathe him.
There is an irony here, too.
Harry chose to make California his home—a country where federal
judges are political appointments and many state judges are elected
after openly political campaigns. Britain deliberately does things
differently. Our judiciary is insulated from politics precisely so
that judges can decide cases on the evidence before them rather
than according to public opinion or political pressure.
It is one of the great strengths of our constitutional
system.
Yet, having lost, Harry appears unwilling to accept that an
independent judge might simply have reached a conclusion he
dislikes.
Royal timing can be delicious. As Harry dominated headlines with
another courtroom controversy, William was quietly getting on with
an engagement in Hastings. The coincidence wasn’t lost on royal
watchers.
One source told me: “You also can’t make up that William is in
Hastings of all places today just as Harold is having one of the
worst weeks of his life.” Coincidence? Almost certainly. Comic
timing? Absolutely.
Former Justice Minister Lord Wolfson KC captured the issue
perfectly, writing that accusing a High Court judge of a
“whitewash” was “disgraceful”. If a party believes a judge has
erred, he pointed out, the proper course is an appeal—not branding
a carefully reasoned judgment corrupt.
Jacob Rees-Mogg struck a similar note, observing that while
judges are not above criticism, someone in Harry’s constitutional
position “needs to weigh his words carefully.”
Quite.
Criticising judgments is healthy. Undermining confidence in the
courts is something else entirely.
For years, Harry has argued that institutions should be held
accountable. That principle cuts both ways. Respect for the rule of
law means accepting that sometimes courts will reach conclusions
you do not welcome. It means challenging those decisions through
established legal channels—not by inviting the public to believe
the judge has participated in a cover-up.
Harry often speaks about accountability.
Perhaps it is time he showed a little of it himself.
