In the civil case, Virginia Giuffre accuses the Duke of York of having sex with her when she was 17 – and therefore a minor – in 2001.
Andrew has consistently denied the allegations.
The judge’s decision followed a hearing last Tuesday, where Andrew’s legal team suggested a newly-released document dating back to 2009 actually prevented Giuffre from making any claims about Andrew.
In the confidential agreement, Giuffre gave up her right to make a legal claim “against any other person or entity who could have been included as a potential defendant from all, and all manner of action and actions of Virginia Roberts” in exchange for $500,000 (£371,722).
The document added: “As a material consideration in settling, First Parties and Second Parties agree that the terms of the Settlement Agreement are not intended to be used by any other person nor be admissible in any proceeding or case against or involving Jeffrey Epstein, either civil or criminal.”
Andrew’s lawyers argued that this meant Giuffre could not file a lawsuit against him, especially as she had mentioned “royalty” elsewhere in the 2009 case.
However, Giuffre’s team claimed this was a confidential agreement between Epstein and Giuffre – not Andrew.
On Wednesday, the judge said: “The 2009 agreement cannot be said to demonstrate, clearly and unambiguously, the parties intended the instrument ‘directly,’ ‘primarily’ or ‘substantially’ to benefit Prince Andrew.”
Giuffre filed the lawsuit back in August 2021 and Andrew was served with his papers around September. She is seeking unspecified damages from the royal.
There is no indication that Andrew is under a criminal investigation, and he has not been charged with any criminal offenses, vehemently denies the allegations against him.
The civil trial will be held between September and December.