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Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case
(32 minutes later)
The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.
The duchess is suing for invasion of privacy and copyright infringement after articles reproduced parts of a letter she sent Thomas Markle. The duchess is suing for breach of privacy and copyright infringement after articles reproduced parts of a letter she sent Thomas Markle.
The publisher Associated Newspapers denies the allegations. The publisher denies her allegations.
On Friday it won its bid to have parts of Meghan's claim struck out. Meghan's lawyers said the ruling did not change "the core elements of this case".
At a hearing held remotely last week, Associated Newspapers - the publishers of the Mail on Sunday, Daily Mail and MailOnline - asked for parts of Meghan's case to be struck out.
Judge Mr Justice Warby agreed and on Friday struck out parts of Meghan's claim, including allegations the publisher acted "dishonestly" by leaving out certain parts of the letter.
He also dismissed Meghan's allegations that the publisher deliberately "stirred up" issues between Meghan and her father, and that it had an "agenda" of publishing intrusive or offensive stories about her.
Mr Justice Warby said the allegations he struck out do not go to the "heart of the case, which at its core concerns the publication of five articles disclosing the words of, and information drawn from, the letter written by the claimant to her father in August 2018".
But Mr Justice Warby said those parts of the duchess's case may be brought back at a later stage if they are put on a proper legal basis.
What is the case about?
Meghan is suing Associated Newspapers over five articles, two in the Mail on Sunday and three on MailOnline, which were published in February 2019.
The articles reproduced parts of a handwritten letter she sent to her father Thomas Markle, six months before in August 2018.
The headline in the Mail on Sunday carried the headline: "Revealed: The letter showing true tragedy of Meghan's rift with a father she says has 'broken her heart into a million pieces'."
Meghan claims the letter was "private and confidential" and "detailed her intimate thoughts and feelings about her father's health and her relationship with him at that time".
She is seeking damages for alleged misuse of private information, copyright infringement and breach of the Data Protection Act.
Meghan has previously said any damages she may be awarded if she wins her case will be donated to an anti-bullying charity.
Associated Newspapers wholly denies the allegations and says it will hotly contest the case.
It argues the Duchess of Sussex had no reasonable expectation of privacy and anticipated publication of the letter.It argues the Duchess of Sussex had no reasonable expectation of privacy and anticipated publication of the letter.
On Friday, Associated Newspapers - the publishers of the Mail on Sunday, Daily Mail and MailOnline - won its attempt to have parts of Meghan's breach of privacy claim struck out. In January, it filed its defence documents which claimed the duchess was more worried about the "unflattering" effect of the publication of the letter, rather than any breach of her data protection rights.
The judge Mr Justice Warby struck out parts of Meghan's claim, including allegations the publisher acted "dishonestly" by leaving out certain passages of the letter.
He also struck out her allegations that the publisher deliberately "stirred up" issues between Meghan and her father, and that it had an "agenda" of publishing intrusive or offensive stories about her.
However, Mr Justice Warby said those parts of the duchess's case may be revived at a later stage if they are put on a proper legal basis.
'Case will continue'
Lawyers for Schillings, the firm representing Meghan, said the ruling did not change "the core elements of this case".Lawyers for Schillings, the firm representing Meghan, said the ruling did not change "the core elements of this case".
"The duchess' rights were violated; the legal boundaries around privacy were crossed," a spokesperson said."The duchess' rights were violated; the legal boundaries around privacy were crossed," a spokesperson said.
They said they respect the judge's decision and "the strong case against Associated will continue to focus on the issue of a private, intimate and handwritten letter from a daughter to her father that was published by the Mail on Sunday".They said they respect the judge's decision and "the strong case against Associated will continue to focus on the issue of a private, intimate and handwritten letter from a daughter to her father that was published by the Mail on Sunday".
"This gross violation of any person's right to privacy is obvious and unlawful, and the Mail on Sunday should be held to account for their actions.""This gross violation of any person's right to privacy is obvious and unlawful, and the Mail on Sunday should be held to account for their actions."
BBC legal correspondent Clive Coleman said Friday's ruling was an "early skirmish" in the court case and was about Associated Newspapers "taking exception to the way the case was being put in terms of these allegations of dishonesty, of stirring up".
No date has yet been set for any further hearing in the case.