It’s clear Earl Spencer is in damage control, following the error he made about Piers Morgan in his new memoir about his sister, Princess Diana.
He alleged that the well-known broadcaster was Editor of The Sunday Mirror when intrusive photographs of the late Princess in a gym were published in 1993.
However, Mr Morgan did not become Editor for another two years.
On the day of publication this week, Earl Spencer made a very quick public apology, and promised the error would be corrected in the second edition.
His spokeswoman said: “Earl Spencer’s account of his conversation with Piers Morgan is accurate. Mr Morgan was surly and annoyed when Earl Spencer called personally to tell him that he was not welcome at his sister’s funeral.
“The book then records Earl Spencer’s assumption that Mr Morgan’s response was because he was editor of the Daily Mirror when the Mirror Group had published highly intrusive photographs of Princess Diana at the gym.
“The photographs were published by the Sunday Mirror on 7 November 1993. Mr Morgan has pointed out that he did not join the Daily Mirror until October 1995. As an historian, accuracy is important to Earl Spencer. He therefore wishes to clarify that his assumption was incorrect. Earl Spencer apologises to Mr Morgan for this error.”
Meanwhile, Mr Morgan’s lawyers have written to both Earl Spencer and the publisher Penguin, demanding the book is pulped, and damages are paid to King Charles’ charity, The King’s Trust.
It’s clear Earl Spencer is in damage control, following the error he made about Piers Morgan in his new memoir about his sister, Princess Diana
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So the apology, it appears, hasn’t been accepted. So what happens next?
Media lawyer Jonathan Coad believes Earl Spencer would have been advised by his lawyers to acknowledge and apologise for the error as quickly as possible.
Mr Coad told GB News: “The law of libel is an unusual type of claim, because the level of damages is determined not only by the original publication, but also by the conduct of the defendant after the publication has taken place.
“So good advice to any defendant who has made a mistake, and I’ve advised many, many defendants in those circumstances, if you made a mistake, you apologise immediately.
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Earl Spencer spoke to the BBC from his Althorp estate in Northamptonshire
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BBC“And what that will do is substantially reduce the value of any claim, assuming there is a viable claim.”
Despite the admission of the error, Mr Coad believes the chances of Mr Morgan successfully having the booked pulped are slim.
He indicated Mr Morgan would need to show that the printed allegation seriously damaged his reputation, and suggested the journalist publicising the error on the eve of publication would mean far fewer people would read Earl Spencer’s false allegation as fact.
Mr Coad also said a court order would be required to destroy the first editions, something that can be very difficult to obtain.
He told GB News: “It is fundamental to the law that an injunction will only be granted if damages is not a sufficient remedy.
“Earl Spencer and Penguin have put their hands up immediately and said, ‘We messed up, we’re sorry, we’re not going to repeat this allegation.’
“Funnily enough, in a [recent and separate] case, a judge refused an injunction for the very reason that an admission had been made that the allegation was false.
“And she said there’s no way that there is going to be a repetition of it, and therefore I don’t need to grant an injunction because it’s unnecessary. “
Asked about what is likely to happen next, Mr Coad believes Mr Morgan and Earl Spencer will come to a settlement, and speculated the publisher would have legal insurance for such a scenario. He said: “If I was Penguin’s lawyer, I’d get in touch with the insurance company.”
Mr Coad would say to them: “Let’s avoid having to pay Piers Morgan’s lawyers vast sums of money and our lawyers vast sums of money. Let’s settle it straight off the bat.
“Let’s make an open offer, and we’ll call it an execration offer of, say, £250,000, and we’ll say we’re glad to pay. It’s to a good cause [The King’s Trust].
“We’re very supportive of the aims of the charity, and thereby Earl Spencer and Penguin sort of come out as the good guys. So that is my best guess is how it would resolve; that would be my advice anyway, if I was acting for Penguin.”
One big question remains…would Piers Morgan accept the offer, or is he determined to drag Earl Spencer through the mud as punishment for his war against the British press?