Duchess of Sussex wins privacy claim against Mail on Sunday over ‘private’ letter to father Thomas Markle
Written by Hitmix News on 12 February 2021
The Duchess of Sussex has won her High Court privacy claim against the Mail On Sunday over the publication of a “personal and private” handwritten letter to her estranged father.
In a statement after the ruling, Meghan, said she was grateful that Associated Newspapers and The Mail on Sunday had been “held to account for their illegal and dehumanising practices”.
“These tactics (and those of their sister publications MailOnline and the Daily Mail) are not new; in fact, they’ve been going on for far too long without consequence.
“For these outlets, it’s a game. For me and so many others, it’s real life, real relationships, and very real sadness. The damage they have done and continue to do runs deep.
Image: Prince Harry and Meghan have moved to the US with their son Archie (file pic)
“The world needs reliable, fact-checked, high-quality news. What The Mail on Sunday and its partner publications do is the opposite.
“We all lose when misinformation sells more than truth, when moral exploitation sells more than decency, and when companies create their business model to profit from people’s pain.”
The 39-year-old sued Associated Newspapers Limited (ANL), the publisher of The Mail On Sunday and MailOnline, over a series of articles which reproduced parts of the letter sent to 76-year-old Thomas Markle in August 2018.
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She is seeking damages for alleged misuse of private information, copyright infringement and breach of the Data Protection Act.
It follows five articles published in February 2019, which included extracts from the “private and confidential” letter.
Her lawyers argued, at a hearing in January, that ANL has “no prospect” of defending her claim for misuse of private information and breach of copyright.
They asked the High Court to grant “summary judgment” in relation to those claims, a legal step which would see those parts of the case resolved without a trial.
Image: Thomas Markle fears he will never see his daughter again
In a judgment on Thursday, Mr Justice Warby ruled that the publication of Meghan’s letter to her father was “manifestly excessive and hence unlawful”.
The judge said: “It was, in short, a personal and private letter. The majority of what was published was about the claimant’s own behaviour, her feelings of anguish about her father’s behaviour – as she saw it – and the resulting rift between them.
“These are inherently private and personal matters.”
He ruled: “The claimant had a reasonable expectation that the contents of the letter would remain private. The Mail articles interfered with that reasonable expectation.”
The judge added: “There is no prospect that a different judgment would be reached after a trial.”
A statement from the Mail of Sunday, said: “We are very surprised by today’s summary judgment and disappointed at being denied the chance to have all the evidence heard and tested in open court at a full trial.
“We are carefully considering the judgment’s contents and will decide in due course whether to lodge an appeal.”
In relation to Meghan’s copyright claim, Mr Justice Warby found that the publication of the letter – which he described as “a long-form telling-off” – did infringe her copyright.
But the judge said the issue of whether Meghan was “the sole author” of the letter or Jason Knauf, formerly communications secretary to the Duke and Duchess of Sussex, was a “co-author” should be determined at a trial.
Mr Justice Warby said that there would be a further hearing in March to decide “the next steps” in the legal action.
Meghan’s data protection claim was not considered at the hearing in January and is still outstanding.
Duchess wins her war against campaign of misrepresentation
Analysis: Rhiannon Mills, Royal correspondent
This is a significant victory for the Sussexes after months of the most high profile legal toing and froing.
It was in October 2019 as we were all preparing for the final day of their Africa tour that they announced they were taking this legal action, and at the same time told us exactly what they thought of certain elements of the UK press. It was war against what they saw as a campaign of misrepresentation against Meghan.
But from her statement you can see they don’t just see this as a win for them. Despite setting up home in America they have unofficially become the latest campaigners-in-chief for those fighting against press intrusion.
As Meghan says: “For me and so many others, it’s real life, real relationships, and very real sadness. The damage they have done and continue to do runs deep… I share this victory with each of you-because we all deserve justice and truth, and we all deserve better.”
We can’t forget the other central figure in this case. Meghan’s father, Thomas Markle. We wait to see if he appears on TV or in print again to share his side of the story.
And that is where you can’t help but think that the victory has come at a cost for Meghan. The private details that came out through all the preliminary hearings created the kind of clickbait that the Sussexes despise, as we all saw the collapse of a relationship between dad and daughter play out in the most public way.
At least this result means Meghan won’t have to face her father in court.