Shortly before his elevation to the Court of Appeal, Warby J has handed down judgment in the application for summary judgment.
A key element of the application was that a letter sent by the Duchess to her father, Thomas Markle, should not have been published as it was private. The Judge affirmed the test for privacy, including that the Duchess had a reasonable expectation of privacy and that it was not in the public interest for large excerpts from the letter to be published. Newspapers are now likely to much warier before publishing private correspondence between family members. Privacy is also a powerful sword when seeking damages, an injunction and/or a declaration in such claims. Parts of the claim remain to be resolved, including the data protection element of the claim. Dr Anton van Dellen appears regularly in the High Court, including in defamation claims.
Links associated for this story
170 years on, royal privacy again at stake | Opinion | Law Gazette
What Meghan Markle’s court win means for Royal Family – and the media | The Week UK
Duchess of Sussex ruling: Gone are the days of ‘publish and be damned’ (telegraph.co.uk)
In this news post – Dr Anton van Dellen
Dr Anton van Dellen has experience in a wide range of defamation proceedings, ranging from pre-action advice to fully contested High Court claims and appeals up to the Court of Appeal and Supreme Court. He also has sound experience in bringing Judicial Reviews and appeals against a wide range of public authorities, challenging decisions for being unlawful, irrational and/or failing to follow published guidance. High Net Worth clients are represented by Dr Anton van Dellen in a range of litigation involving disputes over assets.