Prince Andrew faces the prospect of a civil trial over accusations that he sexually abused Virginia Roberts Giuffre when she was underage after a judge denied his attempt to have her lawsuit dismissed.

Ms Giuffre, now 38, alleges that Epstein forced her to have sex with his friends, including the prince, and that Prince Andrew was aware she was only 17 at the time.

Prince Andrew, 61, strongly denies the allegations and has said Ms Giuffre is seeking a “payday at his expense”.

In his ruling on Wednesday, US District Judge Lewis Kaplan said the 2009 settlement could not shield Andrew from the civil lawsuit.

He said the key phrase Andrew’s lawyers relied upon – that “other potential defendants” were covered by the settlement deal – was “far from self evident for a number of reasons”.

“[Andrew] argues that he ‘could have been included’ as a ‘potential defendant’ in the Florida case because Ms Giuffre made a general reference to ‘royalty’ in her Florida complaint, even though it did not name Prince Andrew as a defendant nor even mention his name,” Judge Kaplan says in the decision.

The judge added that “there is no basis” that Andrew could have been included as a defendant in the 2009 case.

“The crux of the Florida case was that Epstein harmed Ms Giuffre by trafficking her for sex with himself and others,” Judge Kaplan said.

The judge also was dismissive of arguments by Prince Andrew’s lawyer Andrew Brettler that Ms Giuffre’s complaint was too vague.

Ms Giuffre alleged in her lawsuit that she was trafficked to have sex with Prince Andrew on three occasions: in London, at Epstein’s Manhattan townhouse, and on his private island Little St James in the US Virgin Islands.

During oral arguments last week, lawyers for both parties argued over whether a newly unsealed $500,000 settlement deal reached between Epstein and Ms Giuffre in 2009 should allow the case to be dismissed?

Virginia Giuffre’s lawyers argued her 2009 settlement deal with Epstein did not absolve Prince Andrew from liability.

For Ms Giuffre, attorney David Boise said the 2009 agreement should not apply to Prince Andrew as it covered separate allegations?

Last Monday, a secret settlement deal between Epstein and Ms Giuffre was unsealed by Judge Kaplan which had formed a key part of the royal’s legal arguments to throw out the lawsuit

The 2009 deal between the dead paedophile and Ms Giuffre revealed she was paid $500,000 (£370,000) to settle all claims against Epstein and his associates

Virginia Giuffre’s lawyers argued her 2009 settlement deal with Epstein did not absolve Prince Andrew from liability