Duchess of Sussex seeks to avoid trial over privacy claims
THE Duchess of Sussex has applied to have her privacy and copyright claims against the Mail on Sunday decided by a judge, avoiding the need for a trial.
Her legal team will today ask for summary judgment to be handed down in lieu of the trial, which is scheduled to begin in January, arguing that the newspaper has no chance of success.
It is also considering an application to strike out the privacy aspect of the case.
The application will be heard by Mr Justice Warby at the High Court.
If successful, it would mean the Duchess, 39, would no longer have to give evidence, or face her father, Thomas Markle, in court.
The Duchess is suing Associated Newspapers – owners of the Mail on Sunday, Daily Mail and Mailonline – for publication of a story featuring extracts of a “private and confidential” letter she sent to her father in 2018. She claims the article was a breach of privacy and copyright.
A summary judgment and strike out application can be brought when one party believes it has an overwhelmingly strong case. The Duchess’s legal team has said it does not believe that the Mail on Sunday’s case has a chance of succeeding and that there is no “compelling reason” for trial.
If the judge rules that some or all of the claims should proceed to a trial, then the Duchess will apply to adjourn the case. She will also appeal against the ruling that Finding Freedom, a tell-all biography about the Sussexes, can be used as evidence by the newspaper.
The book was thrust to the heart of the case due to its level of detail about the couple’s feelings. The Mail on Sunday successfully argued that it should be allowed to include details from the book in its defence, suggesting it was proof the Duchess permitted details of her life to be shared with authors Omid
Scobie and Carolyn Durand. She has denied cooperating with them.
A source close to the Duchess said the application to adjourn the case was due to the volume of work required now the biography had been included.
Francesca Kaye, a Master of the Chancery Division, ruled in September: “Meghan says she had nothing to do with the information in the public domain, including the book, either directly or indirectly. She says, ‘It was not me and had nothing to do with me’, which is a simple case. If it’s a house of cards, then it will fall down quickly at trial. But I’m satisfied it is arguable.”
The legal twist came as a poll revealed the Duke and Duchess of Sussex’s standing with the public has fallen during the coronavirus pandemic.
Only 48 per cent felt positive about the Duke, compared with 55 per cent at the start of lockdown. Some 33 per cent had a positive opinion of the Duchess, compared with 38 per cent in March.