Meghan’s lawyers are seeking a summary judgement during a two-day remote High Court hearing. Associated Newspapers (ANL), which Meghan is suing after the Mail on Sunday and MailOnline published extracts of a letter she sent to her father, are opposing to this motion, which would bring the case to an end without a trial.
On the second day of the hearing, ANL’s barrister Antony White QC spoke to the court about a letter sent from lawyers representing the so-called “Palace Four”.
In this, the four former employees of Meghan and Prince Harry said they would be able to “shed some light” on the drafting of the Duchess of Sussex’ handwritten letter to Thomas Markle Snr.
The letter read: “We understand that the claimant has made an application for summary judgment on her copyright and privacy claims, which is currently listed to be heard before Mr Justice Warby on 19 January 2021.
“We have considered with each of our clients whether s/he is likely to be in a position to assist the Court by giving evidence at trial relevant to any of the issues in dispute in the Proceedings.
“On the basis of our analysis of the statements of case, our preliminary view is that one or more of our clients would be in a position to shed some light on the following issues:
“The creation of the Letter and the Electronic Draft;
“Whether or not the claimant anticipated that the Letter might come into in the public domain;
“Whether or not the claimant directly or indirectly provided private information (generally and in relation to the Letter specifically) to the authors of Finding Freedom.”
READ MORE: Thomas Markle breaks silence on moment relationship with Meghan ended
In the letter sent on their behalf, their lawyers also make it clear these four former aides of the Sussexes don’t “welcome” a potential involvement in the trial.
“None of our clients welcomes his or her potential involvement in this litigation, which has arisen purely as a result of the performance of his or her duties in their respective jobs at the material time.
“This is particularly the case, given the sensitivity of, and therefore discretion required in, their particular roles in the Royal Household.
“As you will appreciate, all our clients are bound by obligations of confidentiality to their former and/or current employers.”
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The letter added these aides are “strictly neutral” and don’t wish to take any side in the ongoing dispute.
Nevertheless, the “Palace Four” are willing to provide to the High Court “such assistance as they can”, including giving oral evidence at trial or providing any relevant documentary evidence.
Meghan is suing Associated Newspapers for reproducing in February 2019 extracts of the handwritten letter she sent to her father in August 2018.
The Duchess of Sussex is seeking damages for alleged misuse of private information, copyright infringement and breach of the Data Protection Act over five articles published by the Mail on Sunday and MailOnline.
If Mr Justice Warby agreed on a summary judgement in favour of Meghan, the case would resolve without a trial.
If he ruled against it, Meghan and Associated Newspapers would face trial in autumn.
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