London Daily

Focus on the big picture.
Friday, Aug 28, 2026

Prince Andrew: Decision soon on dismissing case - judge

Prince Andrew: Decision soon on dismissing case - judge

A US judge will decide "soon" whether a civil sex assault case against the Duke of York will be dismissed, following the latest hearing in New York.

Prince Andrew's lawyer told Judge Lewis A Kaplan that the duke could be covered by a 2009 deal his accuser, Virginia Giuffre, made with Jeffrey Epstein.

Ms Giuffre is suing the prince claiming he sexually assaulted her - when she was 17 and a minor in some US states.

The duke denies the allegations.

At a virtual hearing in Manhattan on Tuesday, Judge Kaplan said he appreciated the "arguments and the passion" over the 2009 agreement.

He said he would give a decision on the case "pretty soon" but declined to say exactly when.

Ms Giuffre's central allegation is that Epstein, and the now-convicted Ghislaine Maxwell, trafficked her into sexual abuse and exploitation - including incidents in which she said she was expected to engage in sexual activity with Prince Andrew in London, New York and the US Virgin Islands.

The 2009 settlement agreement, released yesterday, revealed that now-dead financier Epstein paid Ms Giuffre $500,000 to end a claim for damages - and she agreed not to bring any future cases against other "potential defendants".

It does not mention Prince Andrew, now 61, by name, and his lawyers argue the deal means Ms Giuffre, now 38, cannot sue him. Her lawyers contest that.

Judge Kaplan used Tuesday's hearing to closely question lawyers for both sides as to whether the Epstein-Giuffre damages settlement could be used at all by Prince Andrew to stop the case.

The 2009 deal shows both Epstein and Virginia Giuffre agreed that neither of them would disclose the deal to other parties - unless ordered to do so by a court.

Secondly, both of them accepted that the agreement could not be used in any other court case that was not directly related to enforcing its terms.

Judge Kaplan said that the wording could mean that both Epstein and Ms Giuffre had to jointly agree on whether or not the settlement could be used to release other potential defendants from facing court.

He said: "If someone got sued and Jeffrey Epstein said this person was within the release, and it was okay with Ms Giuffre, then [the deal] could be made available and Epstein could enforce it - but not otherwise."

Prince Andrew's lawyer, Andrew B Brettler, objected, - saying that US law made clear that a third party - such as his client - had rights to rely on the settlement to prevent them being unfairly taken to court.

Judge zeros in on little-noticed clause

If Judge Lewis Kaplan had been minded to rule swiftly in Prince Andrew's favour to stop the case, he could have done two things immediately today.

First, he could have indicated in court his direction of travel - and secondly he could have torn up the currently tight timetable he has set for the duke to meet Ms Giuffre's requests for documentary evidence - the next important stage in a damages case that's heading for trial.

He did neither. But what he did do, in the dying minutes, is closely question both sides over part of the Epstein deal that had gone unnoticed in the hours since its publication.

Even if Prince Andrew could be properly classed as a "potential defendant" to Ms Giuffre's 2009 Florida claims, her settlement with Epstein says that third parties - meaning someone whose signature was not on the agreement - could not use that agreement in another court without their permission.

Given that Epstein is dead and Ms Giuffre doesn't want the prince to benefit from the agreement's terms, a strict reading of that paragraph would mean the agreement is irrelevant to her damages case.

The duke's lawyer disputed this - but when Judge Kaplan soon rules on the future of the case, this might just be the most important part of today's hearing.

Earlier in the virtual hearing, Mr Brettler told Judge Kaplan that a potential defendant was "someone who was not named as a defendant but could have been".

He said that a potential defendant would be someone Ms Giuffre knew that she had "claims against at the time that she filed the lawsuit" in 2009.

Judge Kaplan said "potential" was a phrase that neither he nor Mr Brettler could "find any meaning at all" in.

Mr Brettler told Judge Kaplan that Prince Andrew "could have been sued" at the time but was not, and added that he wanted Ms Giuffre to "lock herself into a story now" and provide further and more precise details of her allegations.

"She does not articulate what supposedly happened to her at the hands of Prince Andrew," he said.

But Judge Kaplan replied: "That's not a dog that is going to hunt here. It's not going to happen." That information was not required at this stage of proceedings, he added.

Mr Brettler concluded by saying the case should "absolutely be dismissed".

David Boies, acting for Ms Giuffre, told Tuesday's hearing the prince would not be a "potential defendant" as referred to in the civil case documents released on Monday.

"The only claim that is asserted that was made in Florida in the 2009 action that covered Prince Andrew was the third count, which was to transport somebody for the purpose of illegal sexual activity," he said.

"There is no allegation that Prince Andrew was the person transporting. There is no allegation that Prince Andrew fell into the category of people who were doing the trafficking.

"He was somebody to whom the girls were trafficked."

The prince has consistently denied Ms Giuffre's allegations, telling BBC Newsnight in 2019: "It didn't happen. I can absolutely categorically tell you it never happened. I have no recollection of ever meeting this lady, none whatsoever."

In her 2009 claim against Epstein, lawyers for Ms Giuffre said that as well as being exploited by Epstein, Ms Giuffre "was also required to be sexually exploited by defendant's adult male peers, including royalty, politicians, academics, businessmen and or other professional and personal acquaintances".

That case never went to trial because on 17 November 2009, Epstein agreed to pay her $500,000 to stop it in its tracks. That deal had been confidential but has now been made public because of its potential importance to the Andrew case.

Epstein died in prison in 2019 while awaiting trial on sex trafficking charges.


Prince Andrew tells BBC Newsnight in 2019 he cannot recall any incident involving Virginia Giuffre


Newsletter

Related Articles

0:00
0:00
Close
Nearly 23,000 UK Households Expected to Move Home on Busiest Day of 2026
UK Benefit Payments to Arrive Early Ahead of August Bank Holiday
Reform UK Pledges to Replace GDPR and Cut Tax Administration Red Tape
Andy Burnham Launches Work Experience Plan for One Million Young People Outside Education or Work
Andy Burnham Faces Labour Backlash After Dropping Support for Political Donations Cap
Andy Burnham Announces UK-Wide Summit With Leaders of Scotland, Wales and Northern Ireland
Met Office Warns of Heavy Rain and Flood Risk Across England and Wales After Summer Heat
Bank of England Warns AI Adoption Could Reduce Demand for Automatable Jobs
UK Confirms National Salmonella Outbreak With More Than 200 Cases
UK Airports Handle Record 81 Million Passengers Despite Middle East Disruption
Ofgem Raises UK Energy Price Cap by Four Percent to £1,723
Cyber Attack Hits Customer Data Systems at Manchester, Stansted and East Midlands Airports
TSA Unveils Major Airport-Security Overhaul as It Drops Gold+ Privatization Plan
CIA Chief Warned Russia Against Attacking NATO in Secret Moscow Mission
Raheem Sterling Charged With Dangerous Driving After Lamborghini Crash
The Secret Dolly Parton Kept Until Her Death: "She Was Much Sicker Than She Let On"
Middlesbrough House Fire Kills Woman and Seven-Year-Old Girl
Prince Harry and Meghan Markle Return to UK Amid Renewed Media Attention
Raheem Sterling Charged With Dangerous Driving After London Collision
Greenpeace Threatens Legal Action Over Crown Estate Offshore Wind Leasing
Nvidia Revenue Surges to Ninety-Six Point Two Billion Dollars on Artificial Intelligence Demand
Meta Agrees to Global Youth Safety Changes Following Multi-State Legal Settlement
UK Government Plans Autumn Summit With Scottish, Welsh and Northern Irish Leaders
CMA Caps Veterinary Prescription Fees at Twenty-One Pounds
Thames Water Pilot Records Forever Chemicals at Thirteen Times the Legal Limit
Kent Meningitis Outbreak Reaches Thirty-Four Confirmed Cases
Forty Children Missing From UK Asylum Accommodation Remain Unaccounted For
UK Court Upholds VAT on Private School Fees
US Designates Palestine Action as Foreign Terrorist Organization
UK Approves Massive New Chinese Embassy Complex in London Amid Security Concerns
Prime Minister Andy Burnham Visits Kyiv and Offers Cruise Missile Designs to Ukraine
Glacier Collapse, Not Earthquake, Triggered Deadly Nepal-Tibet Flood
Andy Burnham Drops Plan to Cap Political Donations
Conservative Leadership Contest Intensifies as Robert Jenrick Attacks Kemi Badenoch
French-Born Defence Secretary Wes Streeting Condemns Homophobic Abuse Since Taking Office
UK Government Delays Commercial Robotaxi Rollout in London Over Regulatory Gaps
NHS Complaints About Autism and ADHD Care Waiting Times Triple Over Five Years
UK Government Launches 10,000 Work Placements for Young People With Sainsbury's
NHS England to Offer Free At-Home Cervical Cancer Screening Kits
EU Biometric Border Checks Cause Delays of Up to Five Hours for British Travellers
US Imposes Economic Sanctions on UK-Based Protest Group Palestine Action
Two Planned UK Datacentres Could Produce More Annual Carbon Emissions Than ExxonMobil's Entire UK Operation
London Surgeons Complete First Artificial Intelligence-Assisted Brain Tumour Removal
UK Services Growth Rebounds as Consumer Confidence Reaches Two-Year High
Ofgem Confirms Four Percent October Energy Price Cap Increase for UK Households
Government Considers Insolvency Law Changes to Bring Thames Water Into Public Ownership
Andy Burnham Signs Artificial Intelligence Defence Pact During Visit to Kyiv
Church of England Faces Renewed Scrutiny Over Historical Safeguarding Failures
Reform UK Proposes £30 Tax Credit for Long HMRC Telephone Queues
Greater Manchester Secures More Than £100 Million to Upgrade Victorian Railway Stations
×