Culture, Media and Sport CommitteeWritten evidence submitted by Colin Myler

Thank you for your letter of 22 November 2011. You have asked me to answer a number of questions in relation to the advice provided by Michael Silverleaf QC and the settlement with Max Clifford. I will address these questions in turn below.

Gordon Taylor Settlement

1. Were you given a copy of Michael Silverleaf QC’s opinion, or were you made aware of its content? If so, by whom?

I do not believe that I read a copy of Michael Silverleaf QC’s opinion. Tom Crone and Julian Pike had instructed Counsel to provide an opinion and it was provided to them. However, in advance of the meeting with Mr Murdoch on 10 June 2008, Mr Crone briefed me that the substance of Counsel’s firm advice was to settle Mr Taylor’s claim.

2. Was James Murdoch given a copy of Michael Silverleaf QC’s opinion, or was he made aware of its content? If so, by whom?

I do not know whether Mr Murdoch was given a copy of Mr Silverleaf’s opinion. I did not give him a copy. However, Mr Crone and I briefed Mr Murdoch at the meeting on 10 June 2008 that Counsel’s advice was to settle Mr Taylor’s claim.

Max Clifford Settlement

My involvement in negotiating the settlement with Mr Clifford was limited and, without access to any of the relevant records in the possession of News International, I only have a limited recollection of matters concerning his claim.

The settlement negotiations were overseen and directed by the Chief Executive, Rebekah Brooks. She knew Mr Clifford well and I believe it is likely that she spoke directly to Mr Clifford about his claim. Mr Crone and Mr Pike were also involved in the settlement discussions.

As far as I am able to recollect, the only involvement I had concerning Mr Clifford’s claim arose at a meeting I attended with Mrs Brooks, Mr Crone and Mr Pike, in Mrs Brooks’ office. Without access to my office diary and emails, I do not recall when this meeting took place. It must have been prior to the settlement being agreed with Mr Clifford because I remember Mr Crone and Mr Pike advising Mrs Brooks that the amount she indicated that she was prepared to offer Mr Clifford in settlement of his claim was more than they advised was necessary. I cannot recall if Jon Chapman was present at that meeting.

Mrs Brooks instructed that Mr Clifford’s settlement would be paid in tranches. She requested that this be met from the News of the World’s editorial budget. Accordingly, after the settlement I was from time to time shown invoices from Mr Clifford by the Managing Editor or Finance Director. The Managing Editor then processed the invoices for payment.

The answers to your specific questions are as follows:

3. Please confirm who authorised the settlement with Max Clifford and when.

I believe that the settlement was authorised by Mrs Brooks. I do not know when this occurred.

4. Please supply the date on which the settlement was concluded.

I do not recall when the settlement was concluded. I no longer have access to any of the Newspaper’s documents so I am unable to check this.

5. Were details of the settlement, or the proposal to settle, discussed by the boards of News Group Newspapers (NGN), News International (NI) or News Corporation? If not, please explain why not.

I do not know whether or not the settlement or proposal to settle was discussed by the boards of any of these companies. It was Mrs Brooks’ responsibility to take this issue to the boards.

6. What role did you play in the authorisation of the settlement and agreement of its terms?

I did not play any role in the authorisation of the settlement or the agreement of its terms. I was present at the meeting referred to above when the amount being offered to Mr Clifford was discussed.

7. Was the authorisation of the Chairman of NI (or NGN) necessary under the company’s procedures, or was the authority delegated to the Chief Executive, Rebekah Brooks, at the time?

I do not know whether Mrs Brooks would have needed to seek authorisation from Mr Murdoch concerning the settlement with Mr Clifford.

8. Did Max Clifford serve a claim—either formally, or in draft form, with or without full particulars – against the News of the World (NotW), NGN, NI, any named employee of the group?

I understood that Mr Clifford did serve a claim. I cannot recall whether that was done by a formal claim or in draft. I do not believe that I was shown a copy.

9. Was any defence made or attempted against Max Clifford’s action or threatened action?

I do not know whether any defence was made or attempted against Mr Clifford’s action. Any such decision and any consequential document was the responsibility of Mrs Brooks, Mr Crone and Mr Pike.

10. Did Mr Clifford’s claim or allegations implicate any other employee, agent, consultant, adviser, sub-contractor or person connected to NotW, NGN, NI, News Corp or any other group publications?

I do not know whether Mr Clifford’s claim implicated any other person, company or publication connected to News International.

11. Was a legal opinion from Counsel or any other legal source commissioned prior to the settlement with Max Clifford, as it was in the Taylor case? If so, who provided the opinion? If an opinion was not commission, please explain why the process differed from that employed in the Taylor case?

I do not know whether or not an opinion from Counsel was sought or the extent to which the process may have differed from the Taylor case.

12. What role, if any, did Jonathan Chapman play in the settlement of the Clifford case?

Mr Chapman may have been present at the meeting referred to above. He was involved in some of the civil claims brought by phone hacking victims but I cannot recall if he was involved in this one.

13. To your knowledge, was Rebekah Brooks shown—or did she ask to be shown—the legal advice received in the Taylor settlement prior to settling with Max Clifford?

I do not know if Mrs Brooks was shown, or asked to be shown, Mr Silverleaf’s opinion.

14. Did the settlement with Max Clifford involve settling with any other connected parties at or around the same time, or subsequently?

I do not know if the settlement involved any third party.

15. To what extent was James Murdoch aware of the claims made by Max Clifford and of the details of the settlement with him?

I do not know whether Mr Murdoch was aware of the claims made by Mr Clifford or of the details of the settlement. As the Committee will know, Mr Murdoch told the Committee on 10 November 2011 that he was told by Mrs Brooks “in general terms” of the settlement, but “was not particularly briefed on the ins and outs”.

1 December 2011