FILE - In this Saturday March 7, 2020 file photo, Meghan, Duchess of Sussex with Prince Harry arrives at the Royal Albert Hall in London, to attend the Mountbatten Festival of Music. A British judge ruled Thursday Feb. 11, 2021, that a newspaper invaded Duchess of Sussex’s privacy by publishing personal letter to her estranged father. (Simon Dawson/Pool via AP, File)

UK judge says newspaper invaded Meghan’s privacy with letter

High Court judge Mark Warby ruled that the publisher had misused the duchess’s private information and infringed her copyright

A newspaper invaded the Duchess of Sussex’s privacy by publishing a personal letter to her estranged father, a British judge ruled Thursday, in a major victory for the royal in her campaign against what she sees as media intrusion.

The former American actress Meghan Markle, 39, sued publisher Associated Newspapers for invasion of privacy and copyright infringement over five February 2019 articles in the Mail on Sunday and on the MailOnline website that published large portions of a letter she wrote to her father after her 2018 wedding to Prince Harry.

High Court judge Mark Warby ruled that the publisher had misused the duchess’s private information and infringed her copyright.

He said the duchess “had a reasonable expectation that the contents of the letter would remain private. The Mail articles interfered with that reasonable expectation.”

Meghan said she was grateful to the court for holding Associated Newspapers to account “for their illegal and dehumanizing practices.”

She said that “with this comprehensive win on both privacy and copyright, we have all won.”

Associated Newspapers said it was “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,” said the publishing company, which had strongly contested Meghan’s claim.

A trial in the case, scheduled for the fall, would have been one of the most high-profile civil legal showdowns in London for years. But at hearings last month, lawyers for the duchess asked for a summary judgment to settle the case without a trial.

In granting the request, the judge said the publisher’s disclosures of large chunks of Meghan’s private letter to her father, Thomas Markle, “were manifestly excessive and hence unlawful.”

“There is no prospect that a different judgment would be reached after a trial,” he said.

Meghan’s lawyers said the “deeply personal” five-page letter was intended to be read by her father alone. Her attorney, Justin Rushbrooke, argued in January that the publisher had “no real prospect” of winning the case.

“For these outlets, it’s a game,” Meghan said in her statement after the ruling. “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.”

But the defence argued Meghan wrote the letter as part of a media strategy to rebut a negative view conveyed by her father in indiscreet media appearances, and with help from the communications team in the royal couple’s Kensington Palace office.

Thursday’s ruling means Meghan has won her case on privacy and copyright infringement grounds, but the judge said a “limited trial” should be held to decide the “minor” issue of whether Meghan was “the sole author” and lone copyright holder of the letter.

The defence argues that Jason Knauf, Harry and Meghan’s former communications director, was the letter’s co-author. The judge said that argument “cannot be described as convincing, and seems improbable,” but should still be decided at a trial.

Meghan, a former star of the American TV legal drama “Suits,” married Harry, a grandson of Queen Elizabeth II, at Windsor Castle in May 2018. Their son, Archie, was born the following year.

In early 2020, Meghan and Harry announced they were quitting royal duties and moving to North America, citing what they said were the unbearable intrusions and racist attitudes of the British media. They recently bought a house in Santa Barbara, California.

Mark Stephens, a media lawyer with the firm Howard Kennedy in London, cautioned that the legal saga might be far from over.

“The Mail on Sunday almost have to take it to appeal because the state of privacy laws (are) in a mess in this country, and they need a definitive statement,” he said. “So (Meghan) may not be allowed to walk off the pitch. She may have to go through an appeal yet. So this is just round one.”

Jill Lawless, The Associated Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Royal family

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

HIGHLAND sECONDARY scHOOL comox
COVID-19 exposure at sixth Comox Valley school in past eight days

Island Health has posted an exposure alert at a sixth Comox Valley… Continue reading

Artist Sandra Meigs will be the next speaker in NIC’s online 2021 Artist Talk series, appearing virtually on Friday, March 5 at 1 pm. For the full schedule and link to attend the Artist Talk Online Series, visit https://nicart.tickit.ca/. (Photo: The Glass Ticker (2017) — 15’ X 9’ X 5’, wood, enamel, lights, aluminum, glass, automata. Photo by Toni Hafkenscheid.)
Celebrated artist and mentor joins North Island College Artist Talk series

North Island College’s virtual 2021 Artist Talk series welcomes Sandra Meigs, past… Continue reading

The Coast Range makes a spectacular backdrop for orca heading towards Discovery Passage of Campbell River Saturday, Feb. 27, 2021. Photo by Frank Neil
Island wildlife viewers thrilled by close view of passing Orca pod

Group gives wildlife photographers a classic opportunity to view them off Campbell River shoreline

Dasher is back home with mom Christine Girvin thanks to some help from BC Ferries staff. Photo supplied
The cat came back, with help from Comox ferry staff

After Dasher made a dash, ferry staff found her and got her home safe

A rendering of the Denman Green plans for the Kirk Road site. Image, DHA/Ronan Design
Denman Green finds new site for housing

Facing COVID delays, the project reached expiration date on initial site

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. The federal state of Rhineland-Palatinate, start with the vaccination of police officers in internal police vaccination centers. (Andreas Arnold/dpa via AP)
B.C. officials to unveil new details of COVID vaccination plan Monday

Seniors and health-care workers who haven’t gotten their shot are next on the list

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A boat caught fire in Ladysmith Harbour on Saturday morning. (Photo submitted)
Search underway for missing woman after boat catches fire in Ladysmith harbour

A large boat caught fire on the morning of Saturday, Feb. 27

An investigation is underway after a man was shot and killed by Tofino RCMP in Opitsaht. (Black Press Media file photo)
Man shot and killed by RCMP near Tofino, police watchdog investigating

Investigation underway by Independent Investigations Office of British Columbia.

B.C. Supreme Court in Vancouver on Tuesday December 11, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C.’s compromise on in-person worship at three churches called ‘absolutely unacceptable’

Would allow outdoor services of 25 or less by Langley, Abbotsford and Chilliwack churches

Photo: Lt. Sandy Pridmore, MARS Darlene Banerd, MARS, Warren Warttig and Captain Rob Stevens show the new automatic external defibrillator (AED) that will be located at the MARS facilities located at 1331 William Beach Road, Black Creek. Photo supplied
Mountainaire Avian Rescue Society adds AED to Williams Beach Road location

Submitted Mountainaire Avian Rescue Society (MARS) has collaborated with the Comox Firefighters… Continue reading

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

Most Read