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A front-page statement in The Mail On Sunday about the Duchess of Sussex’s victory in her copyright claim is on hold, so the newspaper’s editor has time to ask for permission to appeal.
Associated Newspapers Limited (ANL), the publisher of The Mail On Sunday and MailOnline, was a statement was previously ordered to print on his front page and a notice on page three of the newspaper saying he “infringed his copyright” by publishing parts of a “personal and private” letter to his estranged father, Thomas Markle.
The DuchessThe 39-year-old sued ANL over a series of articles reproducing parts of a “sincere” letter sent to Markle, 76, in August 2018.
He claimed that the five articles published in February 2019 involved misuse of his private information, violated his copyright, and violated the Data Protection Act.
Last month, Meghan you received a summary judgment in relation to your privacy claim, meaning you won that part of the case without going to trial, as well as most of your copyright claim.
ANL was initially denied permission to appeal against that decision, but can still apply directly to the Court of Appeal.
In another ruling, Lord Justice Warby said ANL had also requested permission to appeal his order requiring The Mail On Sunday and MailOnline to publish the statements.
The judge denied ANL’s permission to appeal, but granted a “stay” of the order requiring publication of the statements “only until the Court of Appeal decided the matter.”
Lord Justice Warby said the suspension would expire on April 6, to give ANL time to submit an application directly to the Court of Appeal.
Earlier this month, the judge ordered that The Mail On Sunday should print a “one time only statement on the front page,” which refers readers to an additional statement on page three of the newspaper.
The statement will read: “The court has ruled in favor of the Duchess of Sussex on her copyright infringement claim.
“The court found that Associated Newspapers infringed his copyright by publishing excerpts from his handwritten letter to his father in The Mail On Sunday and MailOnline.
“There will be a trial of the remedies to which the Duchess is entitled, in which the court will decide if the Duchess is the exclusive owner of the copyright in all parts of the letter, or if someone else owns an action.” .
Lord Justice Warby also ordered ANL to post the statement on MailOnline “for a period of one week” with a hyperlink in his full judgment.
Business attorney Sara Ludlam told Sky News that the Duchess had “done very well” outside of the trial.
“For me, the pending decision in this judgment is that Associated Newspapers has been ordered to pay 90% of the Duchess’s costs in the Request for Summary Judgment and the remaining 10% reserved until the next hearing.
“I warn my clients that they will be lucky to recoup 60-70% of their costs if they are successful in court. Also, Associated Newspapers has to pay £ 450,000 upfront ‘on account’ so the Duchess has done so very good”.