HRH The Duchess of Sussex (claimant/respondent) –v- Associated Newspapers Ltd (defendant/appellant)

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Published
Tuesday 9th – Thursday 11th November 2021

Before The Master of the Rolls
The President of the Queen's Bench Division
Lord Justice Bean

This is the Defendant’s appeal against the order of Lord Justice Warby (sitting as a High Court Judge) dated 22nd March 2021, A) granting summary judgement on (i) the claim for misuse of private information; (ii) the issues of subsistence and infringement of copyright; and all consequential orders; B) the decision to grant any final relief in respect of the Claimant’s claim for copyright infringement (which relates to paragraphs 1,3 and 9 of the Order); C) the requirement at paragraph 9 for the Defendant to publish a Notice, a Statement and an Online Notice referring to the outcome of the Claimant’s summary judgment application in respect of the copyright claim.

Background

The Claimant brought an action against the Defendant for misuse of private information, breach of duties under data protection legislation and infringement of the Claimant’s copyright in a five-page letter which she wrote to her father in August 2018 three months after her wedding to HRH Prince Henry of Wales, the Duke of Sussex, large portions of which were reproduced in the Mail on Sunday and MailOnline.

The Claimant applied to strike out the defences to the claims of misuse of private information and/or for summary judgment on that claim and on the claim for copyright infringement.

Lower Court Judgments:

HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 669 (Ch) (22 March 2021) ()

Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) ()
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