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

Deane Gorsline, is a former Burns Lake resident who has been diagnosed with ALS. (Submitted/Lakes District News)
ALS Action Canada group ropes in political leaders

Hopes to get more support and ultimately better treatment options for Canadians

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

(Black Press file photo)
Charges laid against two suspects in pre-Christmas home invasion

An 88-year-old woman was hospitalized after being bear-sprayed in the face Dec. 18, 2020

Decker Lake Elementary School’s exposure incident was from Dec. 3, 2020 to Dec. 4, 2020. (Priyanka Ketkar photo/Lakes District News)
School attendance improves, as cases go down

Decker Lake Elementary school had the most recent COVID exposure incident in January

There has been an increase in workers staying at the 7 Mile Lodge near Burns Lake, from 49 workers post-holiday break to 93 workers by end of January. (Lakes District News file photo)
Coastal GasLink gets a nod to increase workforce from 963 to 2,787 people

One new COVID case in section 1 of the pipeline identified; no lodge affected

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

According to a new poll, a majority of Canadians want to see illicit drugs decriminalized. (THE ASSOCIATED PRESS)
Majority of Canadians think it’s high time to decriminalize illicit drugs: poll

More than two-times the B.C. residents know someone who died from an overdose compared to rest of Canada

Photograph By @KAYLAXANDERSON
VIDEO: Lynx grabs lunch in Kamloops

A lynx surprises a group of ducks and picks one off for lunch

(Black Press Media file photo)
B.C. residents can reserve provincial camp sites starting March 8

B.C. residents get priority access to camping reservations in province

Two women were arrested in Nanaimo for refusing to wear masks and causing disturbance on a BC Ferries vessel. (File photo)
B.C. ferry passengers arrested and fined for disturbance, refusing to wear masks

Police said woman threatened their pensions in Feb. 21 incident aboard Nanaimo-bound boat

When his owner had knee surgery, Kevin, 2, was able to continue to go for walks thanks to volunteers from Elder Dog Canada. (Contributed photo)
B.C. woman has nothing but praise for Elder Dog Canada

National organization has a fleet of volunteer walkers ready, but needs more clients to serve

Most Read