Hurley’s claim relates to 15 articles published between 2002 and 2011, through which she says ANL “wilfully exploited my stolen information using its arsenal of illegal means”. Five of those are about Damian and his late father, film producer Steve Bing.
She alleges the Mail also stole her medical information while she was pregnant with Damian, whom she calls the “centre of my world”.
One story, published the day after Damian’s birth in 2002, included details about Hurley’s hospital stay. Others focused on payments Bing made to Hurley, and his refusal to see their son.
On Thursday, Hurley told the court: “I felt really mortified that my son would be able to read all this stuff one day, and I feel really bad that that day is today when all this stuff is being regurgitated again.”
“Yet again, everyone’s privacy is being invaded in this terrible way, and I feel very helpless about that.”
She is also claiming for 10 more articles which “were written by journalists who were commissioning other private investigators to do similar unlawful things”, she said in her statement.
When shown some of the articles relating to her claim, she became tearful in court and wiped her eyes and nose with a tissue.
In tears, she said it had been “deeply hurtful” to read the statement of a private investigator, Gavin Burrows, who Hurley alleges admitted, “bugging and listening to all my conversations.”
Hurley told the court on Thursday that she had learned about Burrows’ statement just before Christmas in 2020. He has denied he made it and claimed the signature on the document was false.
Hurley said in her witness statement that discovering the alleged phone tapping was what “devastated me”.
“I had not come across this brutal invasion of privacy in either of my two battles with the other newspapers,” she said.
“It wasn’t just phone hacking… it was a violation on a whole different mortifying and enraging scale.”
She became emotional as she concluded her evidence, saying she found it “traumatic” to appear before the court.
“With respect, I don’t want to be here,” she told her lawyer, and said it was “very painful” to discuss the events of the past.
When asked in the witness box why she had not previously taken legal action against the publisher, Hurley said it was because from what she remembered, “complaints were for libel” and the articles were “in essence true”.
“I believe that is because people were listening to me speak,” she told the court.
It was put to her by Antony White KC for ANL that there had been “leaks in your camp” which had led to stories, and she agreed she had initially thought that.
But Hurley insisted that none of her close friends would have talked to the press without her permission.
Challenged about a 2001 story in Hello Magazine, the barrister pointed out that two friends had been quoted talking about her.
“They would never ever say anything indiscreet about me,” she replied.
