Prince Andrew could pay Virginia Guiffre £10M

Prince Andrew will use the sale of his £18million Swiss chalet to try to pay off Virginia Roberts Giuffre with at least £10million of the proceeds, it was claimed today.

The Duke of York has been urged to settle out of court 'for the sake of his mother', who celebrates her Platinum Jubilee this year, after his devastating defeat in a New York court yesterday. 

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 way for him to sell his beloved ski chalet to fund his alleged sex abuse case.

Isabelle de Rouvre, 74, sold her house, Chalet Helora, to her then-friends Prince Andrew and his ex-wife Sarah Ferguson in 2014 for £18million, would be paid for in instalments. But Ms de Rouvre claimed the Yorks failed to make the final instalment of £5m for the property in the exclusive Swiss ski resort of Verbier - but this week the Yorks stumped up the cash, ending the legal battle and clearing the way for a sale.

With the chalet now on the market, the ninth in line to the throne will use up to £10million of the final sale price to settle with Ms Giuffre, according to The Sun, but without admission of liability to her claims she was forced to have sex with her three times when she was 17. 

Mark Stephens, an expert in constitutional law, has said that Andrew will need to find between £5million and £10million to offer Ms Giuffre and hope she spares him a trial. 

He said: 'Judge Lewis Kaplan has thrown a reasoned judicial decision like a bomb into the middle and the heart of the royal family and threatens to provoke constitutional crisis as a consequence'.

He said the duke has 'no good options', adding: 'Essentially, I think he's either going to have to engage in the trial process or he's going to have to settle and that may well be his least worst option.'

He added: 'There is a need to limit the damage. Andrew, I suspect will be stripped of his royal titles. A settlement of five or ten million is a good bet but Ms Giuffre may want her day in court.' 

Prince Andrew is now facing the biggest gamble of his life after a judge in the US unequivocally rejected a bid to have his sex abuse case thrown out of court.

Last night, the royal's lawyers on both sides of the Atlantic were locked in crisis talks after their motion to dismiss the civil lawsuit brought by Virginia Roberts was 'denied in all respects', meaning the case is now heading towards an unedifying trial this autumn.

The duke's team now have a stark choice, legal experts said. They can either take the risk to press ahead and attempt to clear his name by going in front of a jury, which means Andrew would face the humiliation of having to give public testimony against lurid allegations of rape and sexual assault on oath.

Or he could try to persuade Miss Roberts to accept a multi-million pound settlement in order to avoid further damaging the reputation of the monarchy – but have the stain of the proceedings remain with him forever. 

However, her New York attorney David Boies last night indicated that his client was determined to go to trial, saying: 'She wants to achieve justice', but added that she while she is determined to go to trial, 'settlement is always a possibility'.

99 out of 100 civil cases settle out of court in the United States. 

Mr Boies added that his team will seek to 'depose between ten to 12 people', and admitted this could include Fergie, Beatrice and Eugenie. 

If he chooses not to settle, or if Ms Giuffre rejects any offers, Andrew faces a trial and being interviewed by her lawyers in a videotaped deposition in London that could be played in court, although the ninth in line to the throne cannot be forced to give evidence due to it being a civil suit in a different legal jurisdiction. 

Additionally, he could simply ignore the case and let the court give a decision in his absence, although this would be likely to damage his reputation further. 

One former US federal prosecutor said: 'This is a very, very bad day for Prince Andrew.'

Mitchell Epner told Sky News: 'There are only bad options in front of him and he has to decide which of these bad options is his best bad option.'

The pressure for Andrew to settle out of court and spare the Queen the ignominy of a sordid public trial was growing last night as he was warned he was in 'the last chance saloon with the towels over the taps'. 

Andrew's £2,000-an-hour legal team were last night locked in talks amid the 'biggest constitutional crisis in living memory', and believe that the key could be his chalet in Verbier, according to The Sun.

There has been speculation that the Queen could be bankrolling the prince's case, but experts believe it would be considered a PR disaster if she paid his accuser to end claims against her second on.

Miss Roberts's lawyer Mr Boies hinted that a deal out of court could be reached, saying: 'I think Virginia is determined to go to trial, but settlement is always a possibility'.

Speaking to BBC Newsnight, he added: 'There has been no suggestion of settlement discussions at this point. Prior to the time that we brought the case we reached out to Prince Andrew and to Prince Andrew's lawyers and suggested mediation as a possible way of avoiding litigation.

'There was no interest in that at that time whether that has changed or not, I think, we'll have to wait and see. A purely financial settlement is not anything that I think that she is interested in.'

Miss Roberts alleges she was forced to have sex with Andrew on three occasions in 2001, when she was 17, and he knew she was a trafficking victim.

She says she was offered up to the prince and other wealthy and powerful friends of paedophile Jeffrey Epstein and his girlfriend, Ghislaine Maxwell. Andrew strongly denies the claims.

Yesterday, New York judge Lewis Caplan dismissed the duke's application to have the case thrown out at an early stage. Andrew's legal team had attempted to persuade the judge that Miss Roberts – bringing the case under her married name of Giuffre – had waived her right to sue any other 'potential defendants' when she agreed a £370,000 ($500,000) pay-off with Epstein in 2009.

They believed the wording of the agreement, and a reference in her original lawsuit to being sexually exploited by 'royalty', meant that the prince was protected from litigation.

Although his judgement ran to 44 pages, the judge said his task was a simple one, 'to determine whether there are two or more reasonable interpretations' of the Epstein deal. 

When he found the wording was 'ambiguous', and so open to challenge, he said it was for a jury, and not him, to decide on its meaning. But he added that, in his opinion, the agreement 'cannot be said' to have 'clearly and unambiguously' been intended to benefit the duke.

The judge made no finding on the allegations against Andrew.

His decision means the proceedings move quickly to 'discovery', the unveiling of witnesses and key evidence. It also means the prince is now set to be put through an uncomfortable grilling by Miss Roberts' attorneys, under oath and on video, about all aspects of his private life.

Spencer Kuvin, a lawyer representing nine of Epstein's victims, warned that her legal team would be entitled to 'ask any question they wanted to'.

The lawyer said: 'The court is opening up the case for discovery which includes deposition [interview under oath] of Prince Andrew. This is bad news for not just Andrew but his whole family. Anyone who is supporting… his alibi is potentially liable for a deposition.'

Andrew could, as a British citizen, simply to refuse to participate in the case further, but a default judgement and award for damages would likely be found against him.

Defamation and reputation legal expert Mark Stephens warned last night that the duke now finds himself 'in the last chance saloon with the towels over the taps'.

He said: 'He's got to settle. He's got to get out. Or he's a dead man walking. Judge Lewis Kaplan has thrown this judicial decision like a bomb at the heart of the Royal Family.'

Royal insiders told the Mail Buckingham Palace has no choice but to permanently cut Prince Andrew 'adrift'. They predicted the Queen will have to bar her son from official public appearances such as her Platinum Jubilee.

And they said that if Andrew 'didn't do the decent thing' and hand back his remaining charitable and military roles, then he should now be forced to. Insiders also suggested that a 'humble' public acknowledgement that he would no longer seek any kind of role in national life would 'not go amiss'.

There was no immediate reaction from Andrew's spokesman or legal team last night. 

How Prince Andrew got into this mess.. and why EVERY option he has is a nightmare: Duke faces settling sex abuse lawsuit or being grilled about his sexual history, if he can sweat and his Pizza Express alibi AND seeing Fergie and Beatrice called to testify 

Prince Andrew now faces a choice between settling Virginia Roberts Giuffre's sex abuse lawsuit or going through a potentially ruinous court battle in which he would likely be questioned about his sexual history.

A New York judge has sensationally ruled that the Queen's second son can be tried over claims he sexually assaulted Miss Roberts when she was 17 — allegations which Andrew has categorically denied.

Experts believe that Andrew, who earned the nickname 'Playboy Prince' as a bachelor, will want to reach an out-of-court and potentially multimillion-pound settlement with his accuser, or face having his private life be put in the spotlight in a blockbuster trial in nine months. 

However, there have been suggestions that Miss Roberts, who claims she was trafficked by British socialite Ghislaine Maxwell and forced to have sex with Epstein and his associates while she was a minor under US law, may not be prepared to accept a deal.

Witnesses including Sarah Ferguson and Princess Beatrice could be asked to testify, Miss Roberts's lawyer David Boies has claimed.

It is likely the duke will be asked to give evidence under oath as part of the discovery process in what is known as a deposition. However, he cannot be forced to appear in New York to defend himself due to the case being a civil suit in a different legal jurisdiction.

Andrew could simply refuse to acknowledge its existence — but the court would then pass a judgement in his absence, risking even more damage to his already-shattered reputation.

This is how the next steps could play out:

What did the judge decide?

Judge Kaplan rejected a motion by Andrew's lawyer to have Miss Roberts's sex abuse lawsuit thrown out.

The duke's team unsuccessfully argued that Miss Roberts had waived her right to pursue the duke by signing a confidential settlement with Epstein.

The settlement, made public earlier this month, detailed how Miss Roberts had received a $500,000 payout in 2009 and agreed to 'release, acquit, satisfy and forever discharged' Epstein and 'any other person or entity who could have been included as a potential defendant'.

Andrew B Brettler, the duke's lawyer, had argued his client was a 'potential defendant' as defined by the agreement and so the case 'should be dismissed'.

But in his decision, Judge Kaplan said the agreement 'cannot be said' to benefit Andrew. He stressed that his ruling does not express any view as to the truth of Miss Roberts's allegations.

What happens next?

Legal experts say he could try to appeal, but the judge's ruling seemed so comprehensive that his chances look bleak. And the case would not be paused while he tried it.

The focus is now on a sensational trial before a New York jury starting as early as September. Unless Andrew promptly settles the case or refuses to participate, a process of 'discovery' will begin. 

This will see each side demand answers, documents and 'depositions' – in which they seek to interview witnesses under oath, including Andrew and Miss Roberts.

Miss Roberts has already sent the duke's lawyers a shopping list of questions demanding proof of things he has claimed, including in his infamous 2019 Newsnight interview.

These include asking to see medical evidence he could not sweat due to a 'peculiar medical condition' which he said as he dismissed her claims that the pair had danced in a London nightclub. His lawyers have already said there are no documents available to address this. 

Meanwhile, they will demand strict proof of everything Miss Roberts is claiming.

What are the duke's legal option?

The duke has no good options, legal and royal commentators all agreed yesterday. To avoid the gruesome spectacle of the senior royal's sex life being raked over in a Manhattan courtroom, he could either settle the case or ignore it. 

He could agree to be interviewed but then 'plead the fifth', under America's constitutional right to avoid incriminating himself.

If he refused to play any further part in the case, he risks being in 'default', with the judge ruling against him in his absence, branding him a sex abuser and ordering him to pay compensation. Andrew could ignore that too, but would then spend the rest of his life being pursued by bailiffs. 

If he wanted to settle, Miss Roberts would have to agree – and her price is high, as she has made it clear that as well as money she would demand an apology and an admission of liability.

His options are: 

Appealing today's ruling: Andrew could file a motion of reconsideration to Judge Kaplan, asking him to reconsider his ruling. Or he could go straight to the second circuit court of appeals, where it would be heard by a panel of judges.

If they also reject his motion, he could ask a second full second circuit to consider it. Another option would be to go straight to the Supreme Court, which would then decide whether or not to hear the case.

Filing for a dismissal: He could seek to have the case dismissed by arguing that it cannot be heard in a US federal court because both he and Miss Roberts — who is an American citizen but lives in Australia — are based abroad.

Settlement: Most American court cases end in a financial settlement agreed out of court before the case reaches trial. She could seek to extract an apology or an admission of wrongdoing as part of the settlement, but Andrew has always strenuously denied the allegations.

Default: Andrew ignores the court summons, meaning the court will rule in his absence.

What are the chances of the duke seeking to settle?

Experts have argued that Andrew is a 'dead man walking' and will want to strike a deal with Miss Roberts.

Media lawyer Mark Stephens said Wednesday's ruling that Andrew is to face a civil sexual assault trial has 'thrown a bomb' into the heart of the royal family and threatens to spark a constitutional crisis.

He told the BBC a crisis of this scale was unprecedented for the royal family.

'Prince Andrew has nowhere to go. He's effectively a dead man walking as far as the royal family is concerned,' he said. 'But the one thing he can do is to accept the responsibility, accept the blame, accept that he has to fall on his sword for the sake of the wider royal family.' 

Insiders say the option to settle 'remains on the table'.

Andrew's team are understood to acknowledge the 'attritional impact' the case is having on the Royal Family, particularly as the Queen is due to celebrate her Platinum Jubilee this June with the threat of a scandalous sex trial hanging over her.

'Obviously, this is a US case involving US lawyers and involving a US civil lawsuit,' one source said. 'In reality, 99 per cent of US civil litigations are settled out of court. A settlement would always be an option on the table, as that's where the vast majority end up. There is also the wider pressure and attritional impact to consider.'

Sources with knowledge of the case have previously told the Mail that no discussions have taken place yet about whether the Queen's son could — or should — agree a settlement without liability being admitted. But neither had it been ruled out as an option, they said.

Buckingham Palace has refused to comment, describing it as an 'ongoing legal matter'. 

What dirty laundry could be aired in court if a settlement is not reached? 

If a settlement is not reached, then the duke's private life could effectively be put in the dock.

As a young man, the 'Playboy Prince' was one of the world's most eligible bachelors and earned himself the nickname 'Randy Andy' after being linked to a string of beautiful women.

When a bachelor for a second time, Andrew again made headlines, having been spotted cavorting with topless women on holiday in Thailand, and attending a 'hookers and pimps' party with Robert Maxwell's daughter Ghislaine in the US.

It is possible that should the lawsuit reach court, lawyers could drudge up Andrew's sexual history and question him about everything from his sexual partners to the minutiae of his dealings with Epstein and with Maxwell, who has been convicted of sex trafficking.

Andrew also faced being grilled over his ability to sweat and his Pizza Express alibi.

During his 'car crash' BBC Newsnight interview in 2019, Andrew denied that he slept with Miss Roberts, saying one encounter in 2001 did not happen as he had spent the day with his daughter Beatrice, taking her to Pizza Express in Woking for a party.

The same alleged sexual liaison, which Miss Roberts said began with Andrew sweating heavily as they danced at London nightclub Tramp, was later branded

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