During the Royally Obsessed podcast, Rachel Bowie and Roberta Fiorito discussed the latest developments in Meghan Markle’s High Court case against Associated Newspapers Ltd (ANL) for publishing extracts of a letter she wrote to her father Thomas Markle. Rachel Bowie stated that Prince Charles’ 2006 case against Associated Newspapers Ltd went to summary judgement and a similar outcome for Meghan Markle would be a big win for the Duchess of Sussex.
Though the two cases are very different on their facts.
Ms Bowie said: “It is interesting that as precedent they are using parts of Prince Charles’ privacy case.
“I think his went to summary judgement because he had such a strong case.
“It was excerpts of his diary I believe, his private diary got leaked.
“So I am hoping for the Sussexes’ sake that they can lean on that.
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“And that it can go to a summery trial because that would be a big win.”
Ms Fioritio added: “Neither side is backing down.”
Whilst Ms Bowie had claimed Prince Charles brought a ‘privacy’ case in fact he sued ANL for copyright and breach of confidentiality.
This week Meghan Markle asked for the case to be thrown out as her lawyers claim ANL’s defence is “utterly fanciful”.
The legal battle concerns a letter written by Meghan to her father Thomas Markle in August 2018.
The handwritten letter is five pages and 1,250 words long.
Meghan Markle’s lawyers state in legal papers that the final line of the letter was: “If you love me, as you tell the press you do, please stop. Please allow us to live our lives in peace.”
On February 9, 2019, the Mail on Sunday and MailOnline published three articles that contained extracts of the letter.
A two-day summary judgement hearing has taken place at the High Court to see if the case can be determined without having to go to trial.
Justin Rushbrooke QC, who is representing the Duchess of Sussex, told the court this week: “At its heart, it is a very straightforward case about the unlawful publication of a private letter.
“We say that, quite simply, the publication to millions of readers of the Mail on Sunday and MailOnline of extensive extracts from a private and, indeed, deeply personal letter written by the claimant to her father that took place on February 10, 2019 was a plain and serious breach of her right to privacy.”
If the judge rules in Meghan Markle’s favour it would see her win the case without a full trial.