Meghan Markle just won her major court case

Catriona Harvey-Jenner
·2-min read
Photo credit: Chris Jackson - Getty Images
Photo credit: Chris Jackson - Getty Images

From Cosmopolitan

Meghan Markle has won her High Court privacy case against the Mail on Sunday, after the newspaper published a private letter she wrote to her dad, Thomas Markle, shortly after her wedding in 2018.

Mr Justice Warby, the judge overseeing the high profile case, determined: "The claimant [Meghan] had a reasonable expectation that the contents of the letter would remain private. The Mail Articles interfered with that reasonable expectation."

The decision means that the Duchess of Sussex won't have to face her dad in court, which may have been likely had the privacy aspect gone to trial.

However, Meghan was also suing for a breach of copyright in relation to the publication of the letter to her dad, and the court has decided this aspect of the case should go to trial. - but it's all down to a pretty technical legal issue of ownership. Although Mr Justice Warby determined that the newspaper's publication of Meghan's letter was an infringement of copyright ("this is not one of those rare cases where freedom of expression trumps copyright," the judgement summary reads) he concluded there must be a trial in relation to who technically owns the copyright of the letter.

As the Duchess' then-communication team at Kensington Palace are believed to have seen a draft of the letter written on Meghan's phone prior to her sending it, there is a theoretical argument that the copyright of the words in the letter do not solely belong to the royal.

Photo credit: WPA Pool - Getty Images
Photo credit: WPA Pool - Getty Images

The outcome will no doubt provide relief for Meghan Markle, who has been dealing with this ongoing case since legal action was announced in October 2019. In a statement at the time written by Prince Harry, the couple said they felt compelled to take action against against Meghan being "one of the latest victims of a British tabloid press."

In response to the announcement of the case, a Mail on Sunday spokesperson said at the time: "The Mail on Sunday stands by the story it published and will be defending this case vigorously."

Today's announcement concludes much of the case, but it remains to be seen how the copyright aspect will be tied up when that goes to trial in March this year. One thing's for sure, Meghan and Harry will probably be popping corks over in California tonight.

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