Mail on Sunday publisher wins first skirmish in Meghan privacy case over letter

Mail on Sunday publisher wins first skirmish in Meghan privacy case over letter

The publisher of the Mail on Sunday has won the first High Court skirmish in the Duchess of Sussex's claim against it over publication of a "private and confidential" letter to her estranged father.

Meghan is suing Associated Newspapers over five articles, two in the Mail on Sunday and three on MailOnline, which were published in February 2019 and reproduced parts of a handwritten letter she sent to Thomas Markle, 75, in August 2018.

A preliminary hearing, in which lawyers for the publisher asked for parts of the duchess's case to be struck out, was held last week, with the judge sitting at the Royal Courts of Justice in London and lawyers and reporters attending remotely.

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This official christening photograph released by the Duke and Duchess of Sussex shows Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex with their son, Archie Harrison Mountbatten-Windsor at Windsor Castle with with the Rose Garden in the background, near London, Britain July 6, 2019. Chris Allerton/Pool via REUTERS NEWS EDITORIAL USE ONLY. NO COMMERCIAL USE. NO MERCHANDISING, ADVERTISING, SOUVENIRS, MEMORABILIA or COLOURABLY SIMILAR. NOT FOR USE AFTER AFTER 31 DECEMBER, 2019 WITHOUT PRIOR PERMISSION FROM ROYAL COMMUNICATIONS. NO CROPPING. Copyright in this photograph is vested in The Duke and Duchess of Sussex. No charge should be made for the supply, release or publication of the photograph. The photograph must not be digitally enhanced, manipulated or modified in any manner or form and must include all of the individuals in the photograph when published.
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Prince Harry and Meghan Markle leave St George's Chapel in Windsor Castle after their wedding.
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In a ruling on Friday, Mr Justice Warby struck out parts of Meghan's claim against the publisher, including allegations that it acted "dishonestly" by leaving out certain passages of the letter.

The judge also struck out allegations that the publisher deliberately "stirred up" issues between Meghan and her father, and that it had an "agenda" of publishing intrusive or offensive stories about her.

Mr Justice Warby said those allegations should not form part of her case at this stage, because they were "irrelevant" to her claim for misuse of private information, copyright infringement and breach of the Data Protection Act.

However, he said those parts of her case may be revived at a later stage, if they are put on a proper legal basis.

Duchess of Sussex court hearing
Court artist sketches of Mr Justice Warby (bottom left) Antony White QC, for Associated Newspapers (bottom right), and David Sherborne, the lawyer representing the Duchess of Sussex (Elizabeth Cook/PA)

The judge said: "Some of the allegations are struck out as irrelevant to the purpose for which they are pleaded.

"Some are struck out on the further or alternative ground that they are inadequately detailed.

"I have also acted so as to confine the case to what is reasonably necessary and proportionate for the purpose of doing justice between these parties.

"I do not consider that the allegations struck out on that basis go to the 'heart' of the case, which at its core concerns the publication of five articles disclosing the words of, and information drawn from, the letter written by the claimant to her father in August 2018.

"Some aspects of the case that I have struck out at this stage may be revived if they are put in proper form."

The duchess is seeking damages from Associated Newspapers for alleged misuse of private information, copyright infringement and breach of the Data Protection Act.

Meghan has previously said any damages she may be awarded if she wins her case will be donated to an anti-bullying charity.

Associated Newspapers wholly denies the allegations, particularly the claim that the letter was edited in any way that changed its meaning, and says it will hotly contest the case.

It is understood that the Duke of Sussex and Meghan listened online to the parts of last week's hearing conducted by her lawyers.

Sections of the letter were published in the newspaper and online in February last year, and it was announced in October that the duchess would be taking legal action.

The headline on the main article read: "Revealed: The letter showing true tragedy of Meghan's rift with a father she says has 'broken her heart into a million pieces'".

No date has been set for any further hearing in the case and it is not known when a full trial of the issues is expected to take place.

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