Lawyers representing Prince Andrew have told a US court the lawsuit pursued by Virginia Giuffre is ‘baseless, unviable and potentially unlawful’ as the two sides clashed for the first time.
The Duke of York has recruited top lawyer Andrew B Brettler to fight allegations by Ms Giuffre that he sexually assaulted her while she was still a teenager.
Ms Giuffre claims she was trafficked by Andrew’s former friend, and convicted sex offender, Jeffrey Epstein, to have sex with the duke, when she was aged 17 and a minor under US law.
Andrew has vehemently denied all the allegations.
During a pre-trial hearing, Mr Brettler said Ms Giuffre has previously entered into a ‘settlement agreement’ that would nullify her current lawsuit.
Mr Brettler told the US district court for the southern district of New York: ‘We believe this is a baseless, unviable and potentially unlawful lawsuit that the plaintiff has filed against the duke.
‘There has been a settlement agreement that the plaintiff has entered into in a prior action that release the duke and others from any and all potential liability.’
The hearing, which was conducted by telephone, mostly focused on whether the duke had been properly served notice of the case against him, and what action the court needs to take to ensure the legal papers reach Andrew.
David Boies, representing Ms Giuffre, said the complaint had been ‘delivered to the last known address of the defendant’, adding that the documents had also been sent ‘by Royal Mail’.
Mr Boies said: ‘We believe we have complied with the service requirement, and we filed proof of service last Friday.’
He said he expected Andrew to challenge the claim that notice of the case has been properly served on him.
The court heard the alleged settlement agreement cited by the Duke of York’s legal team is currently sealed under the order of a judge.
Mr Brettler said that he believed the document ‘absolves our client from any and all liability’, adding other defendants had avoided similar proceedings by relying on its existence.
A legal expert has warned that Ms Giuffre may have to wait until 2024 before she has her day in court and is able to repeat her allegations before a judge.
She is seeking unspecified damages but there is speculation the sum could be in the millions of dollars.
David Greene, a senior partner with law firm Edwin Coe, said about the final trial: ‘I’d been surprised if it took place next year and I’d be surprised if it took place the year after, 2023.
‘It’s a highly complex issue and I think it will take quite some time to come in front of the court.’
The duke does not face the prospect of an extradition hearing as this only applies to criminal charges and not civil cases.
David Boies, who represents Ms Giuffre, has accused the royal’s legal team of having ‘stonewalled’ appeals for information.
In court documents filed on Friday, Ms Giuffre’s lawyers stated there was a first attempt to serve the papers on the duke on August 26, when an agent went to Windsor Great Park.
They state that a Metropolitan Police officer, who was the head of security, told the agent officers were not able to accept service of any court process, or let anyone trying to serve legal papers on to the property.
The agent returned the next day and was told the court process could be left with the police officer at the main gate ‘and that this matter would then be forwarded on to the legal team’.
Andrew has stepped back from public duties amid the fallout from his relationship with Epstein.
It came after a 2019 Newsnight interview which saw him attempt to draw a line under his relationship with Epstein, who died in prison two years ago, but it ended up being dubbed a ‘car crash’.
During the programme he denied claims that he slept with Ms Giuffre on three separate occasions, saying: ‘I can absolutely categorically tell you it never happened.
‘I have no recollection of ever meeting this lady, none whatsoever.’
According to The Daily Mail, he was last seen arriving at the Queen’s Scottish retreat of Balmoral Castle in August and was thought to have been accompanied by his ex-wife Sarah, Duchess of York.
Lawyers for Ms Giuffre filed the civil suit against the duke citing allegations of battery by sexual assault and intentional infliction of emotional distress.
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