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The Duchess of Sussex lost the latest ruling on her High Court action against the editor of the Mail on Sunday for his decision to print a “private and confidential” letter sent to her estranged father.
MeghanThe 39-year-old is suing Associated Newspapers (ANL) and claims that the publication last year of parts of the handwritten letter to Thomas Markle was a misuse of his private information and violated the Data Protection Act.
In this latest ruling, ANL had requested to amend its written defense to argue that the Duchess had “cooperated with the authors of the recently published book Finding Freedom to publish her version of certain events.”
Meghan’s lawyers say she and Prince Harry did not collaborate with the authors of the book
Antony White QC, on behalf of the publisher, said the book published in August had given “every appearance of having been written with his [Meghan and Harry’s] extensive cooperation “.
He said he wanted to amend the defense to claim that Meghan had, directly or indirectly, given information to the authors of the book about the letter.
Meghan’s lawyers denied that she had “collaborated” with the authors, Omid Scobie and Carolyn Durand, and said that any references to the letter were simply excerpts from articles from the Mail on Sunday and MailOnline.
Justin Rushbrooke QC, representing the Duchess, said: “The applicant and her husband did not collaborate with the authors on the book, nor were they interviewed for it, nor did they provide photographs to the authors for the book.”
Mr. Rushbrooke requested permission to appeal against the ruling, but Judge Francesca Kaye denied it.
However, Kay said the Duchess’s attorneys can still file an appeal through the Court of Appeal.
The lawyer said the “inherent improbability” of the duchess’ cooperation with the book’s authors could be demonstrated “simply by comparing what the defendant’s own articles said with what the book said about the letter” to her estranged father.
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The latest ruling means that the Mail on Sunday will be able to rely on the use of the book in its defense.
The Duchess won the latest fight in the legal action after a judge decided to protect the identities of five of her friends who gave an anonymous interview to People magazine.
In the article, one of her friends said, “She says, ‘Dad, I’m so heartbroken. I love you. I have a father. Please stop victimizing me through the media so we can repair our relationship.’
Meghan said her friends had given the interview without her knowing, but argued that they should remain anonymous as they had a “basic right to privacy.”
She is suing ANL for five articles: two in the Mail on Sunday and three in MailOnline.
