Victory for Meghan Against the Mail On Sunday as the Sussexes Focus on the Future

Following a two-year battle, the Duchess of Sussex was victorious in her High Court battle against the Mail on Sunday. The Duchess took legal action after the publication of a letter she sent her father Thomas Markle. Today, Lord Justice Warby granted a summary judgement, avoiding the need for a trial. The Judge cited "compelling reasons" not to go to trial, adding, "It is undeniable that they reproduced a substantial part in qualitative terms, and in the sense that they reproduced a substantial part of 'that which is the author's own intellectual creation'. It was, in short, a personal and private letter. The majority of what was published was about the claimant’s own behaviour, her feelings of anguish about her father’s behaviour – as she saw it – and the resulting rift between them."

CNN reports:

'The judge ruled that "the disclosures were manifestly excessive and hence unlawful," and that there would be "no prospect that a different judgment would be reached after a trial."

"She enjoyed a reasonable expectation that the contents would remain private and not be published to the world at large by a national newspaper; the defendant's conduct in publishing the contents of the letter was a misuse of her private information," Justice Mark Warby wrote.'

Some issues pertain to copyright and damages with a future hearing set for March. The Judge noted the Daily Mail's defence occupied "the shadowland between improbability and unreality". People adds:

"Warby directed that a hearing to decide the outstanding matters raised in Thursday's judgment will take place on March 2, and indicated that the open copyright question would likely only have an impact on the size of the money damages the Duchess will receive. A third part of the case, addressing alleged data privacy violations, has not yet been addressed.

At worst, therefore, the claimant is a co-author of a work of joint authorship, and entitled to relief for infringement of her share in the copyright," Warby said on Thursday. "There is no room for doubt that the defendant's conduct involved an infringement of copyright in the Electronic Draft of which the claimant was the owner or, at worst, a co-owner."

Jack Royston tweeted, "The undecided issues in the copyright part of the claim are described by the judge as 'of minor significance in the overall context'. The Mail on Sunday claim Meghan is not the sole copyright holder because she had help from Kensington Palace press office. The judge says if that is the case they may apply to join the case. If they don't wish to 'the claimant may proceed without' them. Essentially, this is a full emphatic victory for Meghan in a case that has put her through the mill over more than a year."

More from Omid Scobie.

 Additional insight from Byline Investigates:

'A legal source said: “The judge has offered his view that it is ‘not easy to identify a useful litigious purpose’ in a trial on the authorship issues in the copyright claim, which is obviously discouraging for the Mail on Sunday.

“It also suggests that after such a big win on the major issues in her case with the Mail on Sunday, it would be disproportionate to carry on, although that was not something the judge was allowed to consider in arriving at his judgment.”'

In a passionate statement, the Duchess of Sussex said, "After two long years of pursuing litigation, I am grateful to the courts for holding Associated Newspapers and the Mail on Sunday to account for their illegal and dehumanizing practices. These tactics (and those of their sister publications MailOnline and the Daily Mail) are not new; in fact, they’ve been going on for far too long without consequence. For these outlets, it’s a game. For me and so many others, it’s real life, real relationships, and very real sadness. The damage they have done and continue to do runs deep."

Meghan continued "The world needs reliable, fact-checked, high-quality news. What the Mail on Sunday and its partner publications do is the opposite. We all lose when misinformation sells more than truth, when moral exploitation sells more than decency, and when companies create their business model to profit from people's pain. But for today, with this comprehensive win on both privacy and copyright, we have all won."

Meghan closed by thanking Harry, her mother Doria Ragland, her legal team and in particular Jenny Afia for her "unrelenting support during the process".

A terrific opinion piece by Brian Cathcart: 'Meghan: A Target of Press Abuse and Harassment Strikes Back':

'They dish this stuff out – monstering, it is called – because they can. They have no meaningful regulation to stop them and while the laws of libel and privacy may look fine on paper only the rich can count on being able to uphold their rights. Better still, from the papers’ point of view, members of the royal family don’t sue, so the Duchess was – or so it appeared – a defenceless target. 

Not any more.

They must be wondering, however, what to do next, so comprehensive is their defeat. The judge not only found for the Duchess on privacy but he effectively gave her the victory in her second claim, on breach of copyright. There was one minor, technical aspect of that issue on which he found himself unable to provide a ‘summary judgment’ – whether the Duchess shared copyright ownership with anyone else – but that is not a matter that Associated can exploit. 

So the Sussexes have bitten back, and they have drawn blood. They have successfully defied the controllers and the destroyers. What difference will it make? The most important is that it reminds the world what the Mail papers really are. They are exposed as cruel, intrusive and reckless with the lives of others – and they break the law. Next time you scroll down the MailOnline ‘sidebar of shame’ remember what kind of journalism underpins it.'

From Tessy Ojo CBE, CEO of the Diana Award.

The BBC's veteran correspondent Nicholas Witchell described the dramatic win as "a pretty salutary lesson for the British media". It comes after Harry's victory against the Mail on Sunday, in which he was awarded "substantial damages" after an article claimed he had "turned his back" on his military commitments. Over the past three years, we've often discussed how utterly powerless they must have felt as they endured a savage media assault and character assassination. As consumers of news, we must demand responsible, factual journalism. The circus we've seen exacts a human cost.

I share this victory with each of you - because we all deserve justice and truth, and we all deserve better. - The Duchess of Sussex

There remains much more yet to be addressed regarding the relentless smear campaign Meghan was subjected to. Over a year ago, I wrote there were people reading the blog who held very determined negative views on the Sussexes. I said, come back in several years and tell me how you feel. The truth has a way of coming to the surface and, in due course, I believe that will be the case. In 2019, Tom Bradby suggested a no holds barred interview with "qualified honesty" would leave the monarchy "only just" carrying public opinion. Meanwhile, former chief reporter for The Guardian, Kevin Maguire, said live on Sky News the true reason for the fallout between the Sussexes and the Royal family "couldn't be discussed for legal reasons". There are multiple valid questions on the roles palace aides played in the internal leaking campaign. Robert Lacey, speaking to Vanity Fair, said, "There does seem to be evidence of the palace briefing against Harry and Meghan." Meanwhile, Peter Hunt tweeted members of the Royal family were actively briefing against each other. What happened behind the scenes and why? There are many questions which remain unanswered in all of this. I look forward to the day we know the unvarnished truth.

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Meanwhile, the Sussexes are focusing on the future and are looking forward to unveiling Archewell projects for 2021. At Soufriere Primary School, Dominica, the first of several community relief centres the Sussexes are building with World Central Kitchen is being readied for opening later this year. Parliamentary Representative for the Soufriere Constituency Hon. Denise Charles stated that the kitchen will be used to facilitate the school feeding program, as well as serve as a training centre for residents who want to learn a new skill. "We decided we didn’t just want to provide a kitchen for the school. We wanted an opportunity to provide training for single parents or anybody in the constituency who wanted to enhance their cooking skills." On the ground, members of WCK's relief team are overseeing the delivery and installment of new equipment this month.

Those on the front lines working in the NHS have shown dedication, strength and resilience in so many incredible ways over the past year. I was delighted to hear the Invictus Games Foundation has partnered with NHS England to collaborate on a project which will see Invictus utilising everything it has learned, supporting those in the armed forces and their loved ones to offer guidance and support on the mental, physical and social wellbeing of healthcare workers.

Prince Harry said, "For a year now, NHS workers have been engaged in a new kind of battle. They have consistently set aside their own physical and emotional health in the service of others. This service and sacrifice resonates deeply with so many in the Armed Forces community. With this ongoing project, we know that the NHS and Invictus communities will learn from each other, support each other, and lead conversations that everyone can draw from. It is from these shared experiences I hope people can find strength, compassion, and understanding, and the inspiration they need for their own recovery and resilience."

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The fact the news made the front page of the Telegraph (without new images) speaks to the fact there is substantial interest in the UK in Harry's military work. Editors choose covers that sell; it's as simple as that.

(and tomorrow's Telegraph). 

Prerana Issar, Chief People Officer for NHS England and NHS Improvement said, "This partnership offers practical support to further complement the already extensive help available for our hard-working staff from the mental health hotline exclusively for NHS workers, through to access to health and wellbeing apps which thousands of staff have already benefitted from." The Invictus Games Foundation added, "Following the success of a joint health and wellbeing webinar last year which introduced members of the NHS workforce to former Invictus Games competitors, the NHS is working with the Foundation on a series of podcasts drawn from across a variety of themes designed to help inspire and support their staff."

A series of podcasts began today with Glenn Haughton OBE opening up on the importance of reconnecting with family and addressing the challenges of being away and returning to the family unit.

During his career, Glenn has served in a number of overseas postings, and was involved in a number of conflicts including the Gulf War, the War in Afghanistan, and the Iraq War. He was appointed Regimental Sergeant Major of the 1st Battalion Grenadier Guards in 2011 and currently serves as the Senior Enlisted Advisor to the Chiefs of Staff Committee.

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Click here to read more on the effort.