Prince Andrew faces being cross-examined for on digicam by considered one of America's most feared trial legal professionals, with embarrassing questions on every little thing from his intercourse life and 'non-public elements' to what he has advised the Queen.
David Boies, Virginia Giuffre's 80-year-old New York legal professional, is seen because the 'biggest deposition-taker' in fashionable American justice, and will quiz the royal for seven hours, excluding breaks, all below oath.
If he's discovered to have lied, he may very well be charged with perjury.
And in additional humiliation for the Royal Household, his ex-wife Sarah, the Duchess of York and their daughters Beatrice and Eugenie are additionally more likely to be deposed for questioning over Andrew's intercourse life and alibis.
His disastrous BBC Newsnight interview means Ms Giuffre's could even attempt to interview Prince Charles and even perhaps try 'the inconceivable' and summon the Queen to offer proof about what her second son has advised her, based on a lawyer who represented Jeffrey Epstein 's victims.
Her New York legal professional David Boies stated his group will search to 'depose between ten to 12 folks', and admitted this might embrace Fergie, Beatrice and Eugenie.
Florida litigator Spencer Kuvin stated: 'It's with out query the Duke will probably be requested about his non-public elements. Nothing is off limits as a result of if an underage lady can describe what the Duke of York's non-public elements appear to be... how would that be if that they had not had a relationship?'
Andrew's medical information may even be requested, to establish if he's telling the reality about claims he can not sweat as a result of a rush of adrenaline whereas on a Royal Navy ship below assault within the 1982 Falklands Struggle fought between Britain and Argentina.
Mr Kuvin advised the Mirror: 'Andrew's disastrous BBC Newsnight interview will hang-out him. He talked about his spouse in addition to his daughters. They'll now all legally be deposed. The legal professionals may even strive for the Queen. I do not doubt they may, however as a sovereign, it is going to be nearly inconceivable to do'.
Andrew now faces a alternative between settling Virginia Roberts Giuffre's intercourse abuse lawsuit or going via a probably ruinous courtroom battle through which he would probably be questioned about his sexual historical past.
A New York choose has sensationally dominated that the Queen's second son could be tried over claims he sexually assaulted Miss Roberts when she was 17 - allegations which Andrew has categorically denied.
Is he prepared for the nice inquisitor?
Consultants imagine that Andrew, who earned the nickname 'Playboy Prince' as a bachelor, will need to attain an out-of-court and probably multimillion-pound settlement along with his accuser, or face having his non-public life be put within the highlight in a blockbuster trial in 9 months.
Nonetheless, there have been recommendations that Miss Roberts, who claims she was trafficked by British socialite Ghislaine Maxwell and compelled to have intercourse with Epstein and his associates whereas she was a minor below US regulation, might not be ready to simply accept a deal.
Witnesses together with Sarah Ferguson and Princess Beatrice may very well be requested to testify, Miss Roberts's lawyer David Boies has claimed.
It's probably the duke will probably be requested to offer proof below oath as a part of the invention course of in what is named a deposition. Nonetheless, he can't be compelled to look in New York to defend himself as a result of case being a civil go well with in a unique authorized jurisdiction.
Andrew may merely refuse to acknowledge its existence - however the courtroom would then move a judgement in his absence, risking much more harm to his already-shattered fame.
Final night time, the royal's legal professionals on either side of the Atlantic have been locked in disaster talks after their movement to dismiss the civil lawsuit introduced by Virginia Roberts was 'denied in all respects', that means the case is now heading in direction of an unedifying trial this autumn.
The duke's group now have a stark alternative, authorized specialists stated. They'll both take the chance to press forward and try and clear his identify by moving into entrance of a jury, which implies Andrew would face the humiliation of getting to offer public testimony in opposition to lurid allegations of rape and sexual assault on oath.
Or he may attempt to persuade Miss Roberts to simply accept a multi-million pound settlement with a view to keep away from additional damaging the fame of the monarchy - however have the stain of the proceedings stay with him ceaselessly.
Nonetheless, her New York legal professional David Boies final night time indicated that his consumer was decided to go to trial, saying: 'She needs to attain justice', however added that whereas she is decided to go to trial, 'settlement is all the time a risk'.
99 out of 100 civil circumstances settle out of courtroom in the US.
Mr Boies added that his group will search to 'depose between ten to 12 folks', and admitted this might embrace Fergie, Beatrice and Eugenie.
If he chooses to not settle, or if Ms Giuffre rejects any provides, Andrew faces a trial and being interviewed by her legal professionals in a videotaped deposition in London that may very well be performed in courtroom, though the ninth in line to the throne can't be compelled to offer proof as a result of it being a civil go well with in a unique authorized jurisdiction.
Moreover, he may merely ignore the case and let the courtroom give a call in his absence, though this could be more likely to harm his fame additional.
One former US federal prosecutor stated: 'It is a very, very dangerous day for Prince Andrew.'
Mitchell Epner advised Sky Information: 'There are solely dangerous choices in entrance of him and he has to determine which of those dangerous choices is his greatest dangerous choice.'
The stress for Andrew to settle out of courtroom and spare the Queen the ignominy of a sordid public trial was rising final night time as he was warned he was in 'the final likelihood saloon with the towels over the faucets'.
Andrew's £2,000-an-hour authorized group have been final night time locked in talks amid the 'largest constitutional disaster in dwelling reminiscence', and imagine that the important thing may very well be his chalet in Verbier, based on The Solar.
There was hypothesis that the Queen may very well be bankrolling the prince's case, however specialists imagine it could be thought-about a PR catastrophe if she paid his accuser to finish claims in opposition to her second on.
Miss Roberts's lawyer Mr Boies hinted {that a} deal out of courtroom may very well be reached, saying: 'I believe Virginia is decided to go to trial, however settlement is all the time a risk'.
Talking to BBC Newsnight, he added: 'There was no suggestion of settlement discussions at this level. Previous to the time that we introduced the case we reached out to Prince Andrew and to Prince Andrew's legal professionals and steered mediation as a doable means of avoiding litigation.
'There was little interest in that at the moment whether or not that has modified or not, I believe, we'll have to attend and see. A purely monetary settlement isn't something that I believe that she is inquisitive about.'
Miss Roberts alleges she was compelled to have intercourse with Andrew on three events in 2001, when she was 17, and he knew she was a trafficking sufferer.
She says she was provided as much as the prince and different rich and highly effective associates of paedophile Jeffrey Epstein and his girlfriend, Ghislaine Maxwell. Andrew strongly denies the claims.
Andrew will use the sale of his £18million Swiss chalet to attempt to repay Virginia Roberts Giuffre with at the least £10million of the proceeds, it was claimed immediately.
The Duke of York has been urged to settle out of courtroom 'for the sake of his mom', who celebrates her Platinum Jubilee this 12 months, after his devastating defeat in a New York courtroom yesterday.
Royal biographer Phil Dampier advised LBC: 'I believe the one means out of that is for Prince Andrew to pay her off'.
MailOnline revealed this week that Andrew and his ex-wife Sarah, the Duchess of York, settled a £6.6 million debt with a French socialite, paving the best way for him to promote his beloved ski chalet to fund his alleged intercourse abuse case.
Isabelle de Rouvre, 74, bought her home, Chalet Helora, to her then-friends Prince Andrew and his ex-wife Sarah Ferguson in 2014 for £18million, can be paid for in instalments. However Ms de Rouvre claimed the Yorks didn't make the ultimate instalment of £5m for the property within the unique Swiss ski resort of Verbier - however this week the Yorks stumped up the money, ending the authorized battle and clearing the best way for a sale.
With the chalet now available on the market, the ninth in line to the throne will use as much as £10million of the ultimate sale worth to settle with Ms Giuffre, based on The Solar, however with out admission of legal responsibility to her claims she was compelled to have intercourse with him 3 times when she was 17.
Mark Stephens, an professional in constitutional regulation, has stated that Andrew might want to discover between £5million and £10million to supply Ms Giuffre and hope she spares him a trial.
He stated: 'Choose Lewis Kaplan has thrown a reasoned judicial determination like a bomb into the center and the center of the royal household and threatens to impress constitutional disaster as a consequence'.
He stated the duke has 'no good choices', including: 'Primarily, I believe he is both going to have to interact within the trial course of or he'll need to settle and that might be his least worst choice.' He added: 'There's a have to restrict the harm. Andrew, I believe will probably be stripped of his royal titles. A settlement of 5 or ten million is an efficient guess however Ms Giuffre might want her day in courtroom.'
How Prince Andrew acquired into this mess.. and why EVERY choice he has is a nightmare
What did the choose determine?
Choose Kaplan rejected a movement by Andrew's lawyer to have Miss Roberts's intercourse abuse lawsuit thrown out.
The duke's group unsuccessfully argued that Miss Roberts had waived her proper to pursue the duke by signing a confidential settlement with Epstein.
The settlement, made public earlier this month, detailed how Miss Roberts had obtained a $500,000 payout in 2009 and agreed to 'launch, acquit, fulfill and ceaselessly discharged' Epstein and 'every other individual or entity who may have been included as a possible defendant'.
Andrew B Brettler, the duke's lawyer, had argued his consumer was a 'potential defendant' as outlined by the settlement and so the case 'ought to be dismissed'.
However in his determination, Choose Kaplan stated the settlement 'can't be stated' to learn Andrew. He pressured that his ruling doesn't specific any view as to the reality of Miss Roberts's allegations.
What occurs subsequent?
Authorized specialists say he may attempt to enchantment, however the choose's ruling appeared so complete that his probabilities look bleak. And the case wouldn't be paused whereas he tried it.
The main target is now on a sensational trial earlier than a New York jury beginning as early as September. Except Andrew promptly settles the case or refuses to take part, a means of 'discovery' will start.
It will see all sides demand solutions, paperwork and 'depositions' - through which they search to interview witnesses below oath, together with Andrew and Miss Roberts.
Miss Roberts has already despatched the duke's legal professionals a purchasing record of questions demanding proof of issues he has claimed, together with in his notorious 2019 Newsnight interview.
These embrace asking to see medical proof he couldn't sweat as a result of a 'peculiar medical situation' which he stated as he dismissed her claims that the pair had danced in a London nightclub. His legal professionals have already stated there are not any paperwork accessible to deal with this.
In the meantime, they may demand strict proof of every little thing Miss Roberts is claiming.
What are the duke's authorized choice?
The duke has no good choices, authorized and royal commentators all agreed yesterday. To keep away from the ugly spectacle of the senior royal's intercourse life being raked over in a Manhattan courtroom, he may both settle the case or ignore it.
He may conform to be interviewed however then 'plead the fifth', below America's constitutional proper to keep away from incriminating himself.
If he refused to play any additional half within the case, he dangers being in 'default', with the choose ruling in opposition to him in his absence, branding him a intercourse abuser and ordering him to pay compensation. Andrew may ignore that too, however would then spend the remainder of his life being pursued by bailiffs.
If he wished to settle, Miss Roberts must agree - and her worth is excessive, as she has made it clear that in addition to cash she would demand an apology and an admission of legal responsibility.
His choices are:
Interesting immediately's ruling: Andrew may file a movement of reconsideration to Choose Kaplan, asking him to rethink his ruling. Or he may go straight to the second circuit courtroom of appeals, the place it could be heard by a panel of judges.
If additionally they reject his movement, he may ask a second full second circuit to think about it. Another choice can be to go straight to the Supreme Courtroom, which might then determine whether or not or to not hear the case.
Submitting for a dismissal: He may search to have the case dismissed by arguing that it can't be heard in a US federal courtroom as a result of each he and Miss Roberts - who's an American citizen however lives in Australia - are based mostly overseas.
Settlement: Most American courtroom circumstances finish in a monetary settlement agreed out of courtroom earlier than the case reaches trial. She may search to extract an apology or an admission of wrongdoing as a part of the settlement, however Andrew has all the time strenuously denied the allegations.
Default: Andrew ignores the courtroom summons, that means the courtroom will rule in his absence.
What are the possibilities of the duke searching for to settle?
Consultants have argued that Andrew is a 'useless man strolling' and can need to strike a cope with Miss Roberts.
Media lawyer Mark Stephens stated Wednesday's ruling that Andrew is to face a civil sexual assault trial has 'thrown a bomb' into the center of the royal household and threatens to spark a constitutional disaster.
He advised the BBC a disaster of this scale was unprecedented for the royal household.
'Prince Andrew has nowhere to go. He is successfully a useless man strolling so far as the royal household is anxious,' he stated. 'However the one factor he can do is to simply accept the duty, settle for the blame, settle for that he has to fall on his sword for the sake of the broader royal household.'
Insiders say the choice to settle 'stays on the desk'.
Andrew's group are understood to acknowledge the 'attritional affect' the case is having on the Royal Household, significantly because the Queen is because of have fun her Platinum Jubilee this June with the specter of a scandalous intercourse trial hanging over her.
'Clearly, it is a US case involving US legal professionals and involving a US civil lawsuit,' one supply stated. 'In actuality, 99 per cent of US civil litigations are settled out of courtroom. A settlement would all the time be an choice on the desk, as that is the place the overwhelming majority find yourself. There may be additionally the broader stress and attritional affect to think about.'
Sources with data of the case have beforehand advised the Mail that no discussions have taken place but about whether or not the Queen's son may - or ought to - agree a settlement with out legal responsibility being admitted. However neither had it been dominated out as an choice, they stated.
Buckingham Palace has refused to remark, describing it as an 'ongoing authorized matter'.
What soiled laundry may very well be aired in courtroom if a settlement isn't reached?
If a settlement isn't reached, then the duke's non-public life may successfully be put within the dock.
As a younger man, the 'Playboy Prince' was one of many world's most eligible bachelors and earned himself the nickname 'Randy Andy' after being linked to a string of gorgeous girls.
When a bachelor for a second time, Andrew once more made headlines, having been noticed cavorting with topless girls on vacation in Thailand, and attending a 'hookers and pimps' celebration with Robert Maxwell's daughter Ghislaine within the US.
It's doable that ought to the lawsuit attain courtroom, legal professionals may drudge up Andrew's sexual historical past and query him about every little thing from his sexual companions to the trivialities of his dealings with Epstein and with Maxwell, who has been convicted of intercourse trafficking.
Andrew additionally confronted being grilled over his capacity to sweat and his Pizza Categorical alibi.
Throughout his 'automotive crash' BBC Newsnight interview in 2019, Andrew denied that he slept with Miss Roberts, saying one encounter in 2001 didn't occur as he had spent the day along with his daughter Beatrice, taking her to Pizza Categorical in Woking for a celebration.
The identical alleged sexual liaison, which Miss Roberts stated started with Andrew sweating closely as they danced at London nightclub Tramp, was later branded factually mistaken by the duke, who stated he had a medical situation on the time which meant he didn't sweat.
Consequently, it's doable that Andrew's daughter Beatrice may testify in any US trial. It's also doable that Andrew's ex-wife Sarah 'Fergie' Ferguson - who herself has generated among the most humiliating royal scandals of recent occasions - may give proof.
However a settlement would clearly do little to assist the 61-year-old prince clear his identify, and it's unlikely to assist him obtain his long-held ambition of returning to public life in some kind.
Interviews below oath?
All sides has stated they may search for round a dozen depositions. These are video-recorded interviews below oath, with questions requested by the opposite facet's legal professionals.
Andrew's legal professionals will search to depose Miss Roberts and should search to talk to her boyfriend and associates from the time, searching for to reveal holes in her claims.
If Andrew gave a deposition, he's more likely to be quizzed by Miss Roberts's lawyer David Boies, who has stated he'll come to England.
Former federal prosecutor Mitchell Epner defined: 'There will probably be depositions, a sworn interview going down in entrance of a courtroom recorder - however not a choose - by the opposing counsel. Prince Andrew would probably give his first deposition within the UK however that may be below US oath.
'He can be questioned by David Boies who's - so far as most American legal professionals are involved - with out peer and is the best deposition-taker in fashionable American jurisprudence. It is a very, very dangerous day for Prince Andrew.'
If the duke was ever discovered to have lied in a deposition below oath, he may face a legal cost for perjury.
May Andrew be compelled to look in courtroom?
Nearly actually not. Authorized specialists have stated that Andrew couldn't be forcibly extradited as a result of it being a civil case.
Edward Grange, extradition professional and companion at Corker Binning, advised MailOnline: 'In brief, extradition can't happen for so long as the case stays throughout the civil jurisdiction.
'Prince Andrew would solely be at peril of extradition if he have been charged with a legal offence within the USA that carries a sentence of imprisonment of 12 months or extra.
'Even then, while an extradition request may very well be made to the UK, little question cautious thought can be given as as to if such steps ought to be taken provided that it could be a really daring transfer for prosecutors to take due to the undoubted diplomatic headache it may trigger for the 2 jurisdictions.'
Mr Grange added: 'If he have been to be charged with a legal offence within the US and if the US have been to hunt his extradition, his British nationality wouldn't end in a dismissal of the request as Britain extradites its personal residents.'
Submitting himself to a humiliating, forensic, public interrogation about his intercourse life in a New York courtroom is solely unthinkable for the Queen's second son.
And even when he did imagine that giving proof in individual would assist him seize victory on this case - and judging by his efficiency below the Newsnight spotlights, it would not - simply by travelling to America he would place himself in peril of being tracked by the FBI, who've been wanting to talk to him for greater than two years about his relationship with Epstein.
A request to the British Authorities to facilitate a proper interview with Andrew, below the Mutual Authorized Help Treaty, is at the moment gathering mud in London. If the duke flew to America, he may simply concern the chance of being detained by the authorities and compelled to undergo FBI questioning.
May Meghan, Charles or Fergie be requested to testify?
Others who Miss Roberts's facet may goal for a deposition embrace the duke's ex-wife Sarah Ferguson and Princess Beatrice, after he made her journey to Pizza Categorical his alibi in his Newsnight interview.
Spencer Kuvin, a Florida lawyer who has represented a number of Epstein victims, stated legal professionals within the case may concern subpoenas to pressure folks to attend a deposition.
These could be enforced inside America and if somebody refuses, 'a US Marshal brings them in'. However these exterior of the US may probably merely ignore the request.
Mr Kuvin stated: 'You will see loads of aircraft journey [of potential witnesses trying] to get out of the US within the coming weeks.'
The choose within the case has ordered a good timeline, naming July 14 because the deadline for the invention and deposition phases to be accomplished, to offer either side time to organize for the explosive trial itself.
If Andrew loses the civil case may he face a legal go well with?
Defence legal professional Julie Rendelman performed down the prospect of any legal expenses being filed over Andrew's case.
She advised The Guardian: 'I imagine that [Maxwell] is the ultimate piece by way of legal expenses involving Epstein. I am fairly assured prosecutors spent this time evaluating each piece of proof to see if there may be anything.
'I believe they realised the strongest case is Ghislaine, and that is what they went for.'
What is the case in opposition to Andrew?
Miss Roberts launched her damages declare in opposition to Prince Andrew in August final 12 months. She alleges she was recruited into a world baby intercourse ring aged 16 by Epstein and Ghislaine Maxwell.
Epstein killed himself in 2019, whereas his British socialite girlfriend was convicted of kid intercourse trafficking at a sensational trial in New York final month.
Miss Roberts says Epstein and Maxwell started flying her across the nation and overseas on his non-public jets and that she was required to have intercourse with Epstein's 'grownup male friends, together with royalty'.
She claims she was compelled to have intercourse with Andrew on three events in 2001, as soon as in London, in New York and on Epstein's non-public Caribbean island.
Backing up her claims are flight logs - exhibiting she and Andrew have been in the identical locations on the occasions she alleges she was attacked.
And at Maxwell's trial, Miss Roberts was indirectly concerned however the jury believed she had been a intercourse trafficking sufferer.
What is the duke defence?
Andrew's legal professionals will spotlight discrepancies in Miss Roberts's claims and the way her story has modified a number of occasions through the years. Particulars of dates, locations and other people have various, which is able to all be seized upon as proof that she can't be believed.
And the duke's legal professionals say she didn't even accuse Andrew of getting intercourse along with her till 2014, seven years after she first made her complaints in opposition to Epstein.
On her personal account, Miss Roberts was over the age of consent when she claims she met Andrew, and the duke's legal professionals say that as a result of she was 17, she should allege that she was both bodily compelled or threatened indirectly, and she or he has failed to take action.
In addition they allege she rose up inside Epstein's intercourse trafficking operation, suggesting that as an grownup she was properly paid when she herself started recruiting different youngsters.
Andrew's makes an attempt to keep away from the case
Andrew vehemently denies all Miss Roberts's claims, and advised Newsnight he didn't even keep in mind assembly her, regardless of the infamous {photograph} of the pair which his associates have steered was faux.
When she launched her authorized motion, the duke was accused of attempting to 'dodge, duck, run and conceal' in his mom's palaces to keep away from being served along with her authorized papers.
When this failed, he got here out preventing, along with his legal professionals branding his accuser a 'money-hungry intercourse kitten' who had 'initiated this baseless lawsuit in opposition to Prince Andrew to attain one other payday'.