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

About a dozen residents gave feedback on an application to change to zoning to Tourist Commercial. (District of Ucluelet image)
Virtual public hearing held for the Lodge Property in Ucluelet

Mayor and council to make a final decision during the April 14 regular council meeting

The Pacific Rim National Park Reserve’s Green Point Campground saw an unprecedented flurry of reservations last week. (Pacific Rim National Park Reserve photo)
Pacific Rim National Park Reserve’s campground sees ‘unprecedented’ interest as reservations open

Green Point Campground is scheduled to open from May 1 – Oct. 12 this year.

Kale is a classic in West Coast gardens.
COLUMN: Kale reigns supreme in West Coast gardens

In Tofino and Ucluelet, kale is a classic.

(B.C. Government photo)
POLL QUESTION: Are you in favour of B.C.’s three-week ban on in-restaurant dining?

Dr. Bonnie Henry called the three week stoppage a “circuit breaker”

A 3.0-magnitude earthquake occurred off Ucluelet just after 12:30 a.m. on April 10 and was reportedly felt as far south as Oregon. (Map via United States Geological Survey)
Quake off Ucluelet reportedly felt as far south as Oregon

Magnitude 1.5 earthquake also reported off Vancouver Island’s west coast hours earlier

Burnaby MLA Raj Chouhan presides as Speaker of the B.C. legislature, which opened it spring session April 12 with a speech from the throne. THE CANADIAN PRESS
B.C. NDP promises more health care spending, business support in 2021 budget

John Horgan government to ‘carefully return to balanced budgets’

Dr. E. Kwok administers a COVID-19 vaccine to a recipient at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
Most Canadians plan to get COVID-19 vaccine, but safety fears drive hesitancy: poll

This comes as confidence in governments is plummeting in provinces being hit hardest by the pandemic

Marathon of Hope runner Terry Fox is shown in a 1981. (THE CANADIAN PRESS/CP)
Terry Fox’s legacy of resilience resonates during COVID-19 crisis, says brother

Fred Fox said his brother’s legacy of resilience has taken on renewed resonance as COVID-19 rages on

A youth was arrested following a car crash on Wallace Street on Saturday, April 10. (Karl Yu/News Bulletin)
Onlookers laugh and jeer as B.C. teen beaten, then forced to strip and walk home

Police arrest older teen, call video shared on social media ‘disturbing’

A lady wears a sticker given out after receiving a COVID-19 vaccine at a clinic in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C.’s COVID-19 case count slows after last week’s peak

3,219 new cases since Friday, 18 additional deaths

North Cowichan councillor Tek Manhas did not violate the municipality’s code of conduct by posting a sexist meme on Facebook, council concludes. (File photo)
B.C. municipality to take no action against councillor who posted sexist meme

Tek Manhas’s meme doesn’t violate North Cowichan council’s code of conduct, municipality concludes

A 41-person air task force, including 12 members from 407 Long Range Patrol Squadron at 19 Wing Comox, seized more than $3 million CND worth of cocaine as part of Op Caribbe. Photo by Canadian Armed Forces Operations/Facebook
Vancouver Island team helps make $368 million three-tonne cocaine seizure

12 members from 19 Wing Comox involved in Op Caribbe

Killer whales surface near Sebastion Beach in Lantzville on Sunday, April 11. (Photos courtesy Ella Smiley)
Chainsaw and friends near the beach thrill orca watchers in Lantzville

Jagged-finned orca named Chainsaw and 17 others spent hours off Sebastion Beach this weekend

Nootka Sound RCMP and DFO Conservation and Protection Officers seized this 30 foot vessel, fishing gear and equipment as well as Chinook salmon, salmon roe, rock fish and ling cod after an investigation on Sept. 11. A judge in Campbell River on February hit the owner and his accomplices with significant fines, a ban on holding fishing licences and loss of equpment, including the boat’s motor and trolling motor. RCMP photo
Washington State trio’s fisheries violations the worst veteran officer has seen in 20 years

Judge bans three men from fishing or holding a fishing licence anywhere in Canada

Most Read