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Appeal begins over Meghan Markle privacy lawsuit

A newspaper has begun its court appeal against the ruling that it invaded the privacy of the Duchess of Sussex.

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Published 10 November 2021

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  • Media arts and culture

Steven Heffer, Partner and Head of Media and privacy comments:

Meghan Markle‘s case was a strong one both on copyright and privacy grounds. So much so that the judge was willing to grant summary judgment for most of the claim. The newspaper was hoping to have a full-blown trial with cross-examination of Royal AIdes over the drafting of the letter as well as unproven allegations that Megan had provided private information to the authors of a controversial book.

The lack of a trial meant the Mail was deprived of the drama of the court case. Its motive for appealing seems obvious but the legal merits of an appeal are less clear.

It was certainly fairly unusual for the case to be decided in a summary way but the senior media judge who dealt with the case was very clear on his reasons for the decision.

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Shorter Reads

Appeal begins over Meghan Markle privacy lawsuit

A newspaper has begun its court appeal against the ruling that it invaded the privacy of the Duchess of Sussex.

Published 10 November 2021

Associated sectors / services

  • Media & Privacy
  • Media, arts and culture
  • Media arts and culture

Authors

Steven Heffer, Partner and Head of Media and privacy comments:

Meghan Markle‘s case was a strong one both on copyright and privacy grounds. So much so that the judge was willing to grant summary judgment for most of the claim. The newspaper was hoping to have a full-blown trial with cross-examination of Royal AIdes over the drafting of the letter as well as unproven allegations that Megan had provided private information to the authors of a controversial book.

The lack of a trial meant the Mail was deprived of the drama of the court case. Its motive for appealing seems obvious but the legal merits of an appeal are less clear.

It was certainly fairly unusual for the case to be decided in a summary way but the senior media judge who dealt with the case was very clear on his reasons for the decision.

Associated sectors / services

  • Media & Privacy
  • Media, arts and culture
  • Media arts and culture

Authors

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