Meghan Markle's privacy hearing: Why the Duchess is taking legal action against the Mail On Sunday

The procedural hearing is today 
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Megan C. Hills24 April 2020

Today marks a major development in the Duchess of Sussex’s lawsuit against Associated Newspapers and its publication the Mail on Sunday, which she has accused of multiple charges relating to the publication of a letter she wrote to her father.

Both she and Prince Harry are listening members for a procedural hearing today, in which the Mail on Sunday is seeking to have parts of her lawsuit dismissed. The publication and its parent company have denied all charges.

Why is Meghan Markle suing Associated Newspapers and the Mail on Sunday?

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The Duchess of Sussex is suing them based on a February 2019 article titled ‘Revealed: The letter showing true tragedy of Meghan’s rift with a father she says has ‘broken her heart into a million pieces’, in which extracts from a handwritten letter addressed to her father Thomas Markle were published.

The letter was sent in the lead up to her wedding in 2018 and touched on her father’s behaviour at the time.

Based on the publication of extracts from the letter, lawyers acting for the Duchess claim the publication breached the Data Protection Act, infringed on her copyright and misused her private information.

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Her lawyers claimed that the letter was “obviously private correspondence” and also alleged that the choice to “deliberately omit or suppress” selected extracts - rather than printing the entire thing - “intentionally distorted or manipulated” it.

The lawsuit was filed in October, months after the letter was published in February.

How did Associated Newspapers respond?

The first stage of the Duchess of Sussex’s legal action is set to be heard at the High Court.
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The publisher has denied all allegations and wrote in court documents obtained by Press Association, “It is denied that the publication of the words complained of constituted a misuse of the claimant’s private information, or a breach of the claimant’s GDPR rights, or an infringement of the claimant’s copyright in the letter, as alleged or at all.”

It also stated that the letter was “not private or confidential, self-evidently or at all” and defended the coverage due to the “huge and legitimate public interest in the royal family.”

It also claimed Meghan “knew that it was possible and likely that [her father] would disclose the contents of the letter to third parties or the media” and claimed that her “elaborate handwriting” suggested she “anticipated it being disclosed to and read by third parties.”

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Another reason it claimed that it had run the letter was due to the publication of a People story, in which four unnamed friends of Markle spoke about her dealings with her father in the lead up to the wedding.

Lawyers acting for the newspaper claim the report was “misleading and false narrative” and Meghan’s father was “entitled publicly to correct the false and damaging (to him) information that had been given about his conduct.”

Is Thomas Markle set to testify?

Thomas Markle grabs a takeaway in Rosarito, Mexico last week
SplashNews.com

Meghan’s father has said that he was willing to testify against his daughter in court, which he said will be “quite stunning” and “emotional.” The Daily Mail, which is under the Associated Newspaper umbrella, claimed he was “expected to be called as a key witness” in the trial.

Speaking with The Sun, he said, “This is my fault so I have to stand up for myself. It is a responsibility thing. Maybe it’s because I was a Boy Scout.”

“Everything has to come out when you go to court. That means all her phone records, as well as mine. And I don’t think she wants that to happen,” he continued.

Since then, texts between him, Meghan and Prince Harry in March 2018 have been revealed in court documents. They included a string of messages from Prince Harry who told him that speaking to the press would “WILL backfire” and that they were “not angry”, adding, “If u love Meg and want to make it right please call me.”

The documents also revealed that Meghan learned that her father had been hospitalised following a heart attack after a TMZ report was published. Other texts released in documents between them can be read here.

What is the status of the trial?

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Today a procedural hearing is taking place at the request of the Mail on Sunday. The publisher is seeking to strike allegations related to it acting dishonestly from the charges, though have not challenged that it selected certain extracts and omitted texts between the Duchess and her father.

Due to the coronavirus pandemic, the hearing is taking place virtually before Mr Justice Warby. Meghan’s legal team will also be presenting, though she and Prince Harry will be listening members.

Her team will reiterate their claims against the publisher, including delving into an alleged campaign against the Duchess, and have said their case is “clear and strong.”

What happens next?

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Before the trial can begin, Markle and the Associated Newspapers’ legal teams will have to disclose further documents and exchange witness statements, alongside taking place in what is known as a Case Management Conference.

According to Thomson Reuters a Case Management Conference is an “early hearing for the court to identify and understand what the real issues in dispute are and to consider whether they can be narrowed before trial.”

From there, the trial will proceed though no date has been set. It has not been confirmed if Thomas Markle will testify, though he has stated he is willing to if called to the stand.

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