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Countess Spencer Settles Privacy Case as High Court Says Earl Must Cover Costs and Damages

An arbitrator in the couple’s divorce required him to indemnify her acceptance of a Part 36 offer, and the final amount still needs to be calculated.

Overview

  • Countess Karen Spencer accepted a Part 36 offer to end Catrine Jarman’s misuse‑of‑private‑information claim without any admission of unlawful conduct.
  • Earl Charles Spencer has been recorded by the High Court as liable to pay legal costs reported to exceed £2 million and £4,500 in damages to Jarman.
  • Mr Justice Peel noted that aspects of the indemnity remain hotly disputed and that neither the final sum nor the calculation method has yet been agreed.
  • Arbitrator James Ewins KC, acting in the Spencers’ divorce, required the earl to indemnify the countess for sums needed to accept the settlement, including her King’s Bench costs.
  • Jarman sued in October 2024 alleging the countess disclosed her multiple sclerosis without consent, which the countess denies; a prior costs hearing found the defendant’s fees were within an expected range.