Feb 19, 2021

Duchess of Sussex Court Win

The High Court has granted the Duchess of Sussex summary judgment concerning her claim for misuse of private information and copyright infringement against the publisher of the Mail on Sunday and MailOnline. The Court agreed that the contents of the Duchess’ letter addressed to her father was “private and personal”.

The Duchess of Sussex said that although she is happy with the outcome, the “damage runs deep”. Meantime, the Mail on Sunday and MailOnline are said to be surprised and disappointed by the judgment.

There will be another hearing scheduled in March 2021 to address the next steps in the claim, although it has been reported that the Duchess may drop other parts of her claim if she feels vindicated by this judgement.

Interestingly, the Court ruled that the issue of whether the Duchess was "the sole author" of the letter or Jason Knauf, former communications secretary to the Duke and Duchess of Sussex, was a "co-author" should be determined at a trial. Further, the data protection claim was not considered at the hearing in January and is still outstanding.

Although a victory for the Duchess, an appeal may follow against the decision. Also, there are concerns that the Duchess will continue to receive negative press coverage in British newspapers a result of the outcome.

The claim continues.

If you would like advice with regards to infringement of intellectual property rights, please don't hesitate to contact the team on 0191 281 4000, or by email at legal@mcdanielslaw.com.

Posted by: Connor Cartledge in: Copyright

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