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

RCMP. (Phil McLachlan - Black Press Media)
Camrose RCMP request public’s assistance to locate missing senior

Kenneth Gilbert was last seen in Camrose County on Feb. 25

File photo
Alberta’s central zone has 670 active cases

301 new cases identified Sunday

Alberta has 1,910 active cases of COVID-19 as of Wednesday. Red Deer is reporting five active cases, with 108 recovered. (File photo)
Red Deer reports 25th COVID-19 death

415 new cases identified provincially Saturday

Alberta Health reported two new COVID-19 deaths in Red Deer Friday. (Image courtesy CDC)
Two more deaths linked to Olymel outbreak in Red Deer

Province reported 356 additional COVID-19 cases Friday

Alberta Premier Jason Kenney speaks during a news conference in Edmonton on Feb. 24, 2020. It’s budget day in the province, and Kenney’s United Conservative government is promising more help in the fight against COVID, but more red ink on the bottom line. THE CANADIAN PRESS/Jason Franson
Alberta’s budget promises more help for COVID-19 with a hard deficit

Annual spending on debt interest is closing in on $3 billion

Bookings for COVID-19 vaccines for people age 75 or older start Wednesday. (File photo by THE CANADIAN PRESS)
Updated: Delays for seniors booking for vaccine appointments

By 9:20 a.m. Wednesday, 4,500 seniors had booked their appointments

People line up outside a vaccine clinic as seniors wait to get the COVID-19 vaccine in Edmonton Alta, on Friday February 26, 2021. THE CANADIAN PRESS/Jason Franson
Alberta Health Services head sorry for glitches in vaccine booking system for seniors

AHS president said technical issues have been fixed and a virtual waiting room is in place

Vandalism is shown on Alberta NDP MLA Janis Irwin’s constituency office in Edmonton in this handout photo on Saturday, February 27, 2021. Alberta Premier Jason Kenney quickly condemned vandalism at an Opposition legislature member Janis Irwin’s Edmonton office after the MLA posted pictures showing her front window spray-painted with the words “Antifa Liar.” THE CANADIAN PRESS/HO, Janis Irwin *MANDATORY CREDIT*
Alberta Premier slams vandalism after slur painted on MLA’s office window

Edmonton MLA Janis Irwin posted pictures showing the front window spray-painted with the words ‘Antifa Liar’

A helicopter flies past a mountain near McBride, B.C., on Saturday January 30, 2016. THE CANADIAN PRESS/Darryl Dyck
Avalanche warning for backcountry users in North and South Rockies

Avalanche Canada is urging backcountry users to always check their regional avalanche forecasts

Supporters pray outside court in Stony Plain, Alta., on Wednesday, Feb. 24, 2021, as a trial date was set for Pastor James Coates of GraceLife Church. He is charged with holding Sunday services in violation of Alberta’s COVID-19 rules and with breaking conditions of his bail release. THE CANADIAN PRESS/Jason Franson
Trial date for jailed Alberta pastor charged with breaking COVID-19 health orders

The court says it will reconvene with lawyers on March 5 for a case management plan by teleconference

A pharmacist prepares a COVID-19 vaccine at Village Green Retirement Campus in Federal Way on Jan. 26. (Olivia Sullivan/Sound Publishing)
Canada approves use of AstraZeneca’s COVID-19 vaccine

The country joins more than a dozen others in giving the shot the green light

Emily Keeping of Wetaskiwin, Alta., was last seen at 4:20 p.m. on Feb. 25, 2021 at the FasGas on 49 St and 50 Ave in Wetaskiwin. Supplied/ Wetaskiwin RCMP.
UPDATE: Wetaskiwin RCMP seek assistance in locating missing 11-year-old

Emily Keeping was last seen on Feb. 25, 2021 at the FasGas on 49 St and 50 Ave in Wetaskiwin.

Sylvan Lake's Winter Village lured many visitors to the town this winter. The town has launched a new contest to attract a new business.
(Black Press file photo)
Sylvan Lake offering rent-free storefront space to lure new businesses

Winning business proposal will get a storefront space rent-free for a year

Most Read