David Sherborne, representing the duke and the other claimants on Monday said Prince Harry cannot appear in court as he had flown to attend his second daughter’s birthday.

Sherborne said the prince will arrive at the High Court in London on Tuesday to give evidence in his case against Mirror Group Newspapers (MGN) over alleged unlawful information gathering at its titles.

Prince Harry was expected to arrive at court on Monday but his lawyers told the court he will not appear until Tuesday, when he is due to face cross-examination from MGN’s barrister.

As the hearing began on Monday, Sherborne, said that Harry had flown to the UK from Los Angeles in the U.S. last night, as he was celebrating his daughter Lilibet’s second birthday on Sunday.

Justice Fancourt, the judge hearing the case, said he was “a little surprised” to hear the duke would not be attending court on Monday.

The judge said he gave a direction earlier in the trial that witnesses should be available the day before their evidence was due to be heard in case the legal teams’ opening speeches ran short.

Andrew Green KC, for MGN, said he wished to have at least a day and a half to cross examine the duke and was “deeply troubled” he would not be attending before Tuesday, which may lead to “wasted time” on Monday afternoon. (dpa/NAN)