Meghan Markle Wins High Court Privacy Case

The legal battle between the Duchess of Sussex and the Mail on Sunday is over.

meghan harry

by Bonnie McLaren |
Updated on

Despite the coronavirus pandemic throwing nearly everything in the air, Meghan Markle{ =nofollow}’s case against Associated Newspapers kept us intrigued. But now, it's over: the Duchess of Sussex is victorious in the unprecedented ordeal. It's a hugely significant move that will have major repercussions in the way that the lives of members of the royal family are reported on.

At times, a win looked unlikely for Meghan. Last year Associated Newspapers - the publishers of the Mail on Sunday, Daily Mail and MailOnline - won its attempt to have parts of Meghan's breach of privacy claim struck out. Allegations, including that the publisher acted ‘dishonestly’ by not publishing certain parts of a letter written by Meghan to her estranged father Thomas, were some of the parts struck out of Meghan's claim by judge Mr Justice Warby.

Following that hiccup, lawyers for Schillings, the firm representing Meghan, said the ruling did not change ‘the core elements of this case’. A spokesperson said, ‘The duchess' rights were violated; the legal boundaries around privacy were crossed.’ Indeed, it is now clear that this was the case: publishing the letter at all has been deemed unlawful: Justice Warby has granted Meghan a summary judgement, saying: 'the claimant had a reasonable expectation that the contents of the letter would remain private. The Mail articles interfered with that reasonable expectation.'

'I share this victory with each of you,' Meghan said in a statment, 'because we all deserve justice and truth, and we all deserve better.'

'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', a spokesperson for Associated Newspapers said. An appeal may be lodged.

Here’s what you need to know about the case...

When did the case start?

The first hearing was held last May. Obviously, due to the current coronavirus pandemic, it was held by video link.

The month previous, text messages were filed as court evidence, which revealed that Prince Harry pleaded with Meghan’s father Thomas not to talk to the press, as he thought it would ‘backfire’. Legal documents also say that the Duchess will 'refer to the true position as to the nature and extent to which she and her husband were "publicly funded"' as part of the trial.

Why did the case happen?

In October of 2019, Meghan's made a privacy claim against Associated Newspapers - publisher of The Mail on Sunday and MailOnline - over publication of a handwritten letter she sent to her father, which she claims was selectively edited by the paper to portray her 'negatively'.

She sued for alleged invasion of privacy, breach of copyright and misuse of personal data. However, Associated Newspapers argued that there was no agreement with her father that the letter should remain private and that, as a member of the royal family, she did not have a reasonable expectation of privacy. They claimed that the publication of the letter was in response to a ‘one-sided’ article in People Magazine in February 2019, featuring an interview with five unnamed ‘close friends’, which referenced the letter, meaning its existence was in the public domain.

Who’s paying for the case?

The proceedings are being funded privately by the Sussexes, with any proceeds from damages awarded to be donated to an anti-bullying charity.

READ MORE: Prince Harry Pleaded With Thomas Markle Via Text Before Wedding, Court Papers Show

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