Judge issues ruling in UK tabloid’s appeal of Duchess Meghan lawsuit over letter to her estranged dad

The lawsuit stems from a 2018 letter Meghan wrote to her dad, Thomas Markle.

A British court on Thursday ruled in favor of Meghan, Duchess of Sussex, dismissing a tabloid publisher’s appeal to an earlier ruling that it breached her privacy by publishing parts of a letter she wrote to her now-estranged father.

“This is a victory not just for me, but for anyone who has ever felt scared to stand up for what’s right,” the duchess said in a statement Thursday in response to the ruling. “While this win is precedent setting, what matters most is that we are now collectively brave enough to reshape a tabloid industry that conditions people to be cruel, and profits from the lies and pain that they create.”

The Court of Appeal in London upheld a February judgement from the High Court that ruled publication of the letter by Associated Newspapers, the publisher of the Mail on Sunday and the MailOnline website, was “manifestly excessive and hence unlawful.”

Meghan, who now lives in California with her husband, Prince Harry, and their two children, sued Associated Newspapers in 2019 for alleged copyright infringement, misuse of private information and breach of the Data Protection Act over the publication of extracts of a handwritten letter she wrote to her father, Thomas Markle, in 2018, after her wedding to Harry.

Parts of the letter were reproduced by the Mail on Sunday and the Daily Mail in five articles in February 2019.

Meghan won in a summary judgement earlier this year, but Associated Newspapers appealed, requesting that the case go to trial and claiming new evidence showed Meghan knew the letter might be made public.

The new evidence cited by the publishing group in its appeal included testimony from Harry and Meghan’s former communications secretary, Jason Knauf.

Knauf, who reportedly filed a complaint against Meghan in 2018 over her alleged treatment of aides, claimed in a witness statement made public during the appeal process that Meghan “indicated in messages to me that she recognized that it was possible that Mr. Markle would make the letter public.”

“When the Duchess was considering how to handle Mr. Markle’s increasing public interventions — both for concerns about his welfare and also to protect her reputation — she explored options for written communication that might convince him to stop giving interviews, but that could also set the record straight if he gave them to the media,” Knauf said in the statement provided to Associated Newspapers’ lawyers. “The Duchess wanted to make sure that if the letter became public it would assist with setting out her perspective on the problems with her father’s behavior. In the messages on 24 August she said she felt ‘fantastic’ after writing it and added that: ‘And if he leaks it then that’s on his conscious (sic) but at least the world will know the truth. Words I could never voice publicly.’”

Knauf also claimed Meghan and Harry later authorized specific cooperation in December 2018 with the authors of “Finding Freedom,” a book about her and Prince Harry’s departure from official royal duties. The book was co-authored by Carolyn Durand, a former ABC News producer, and Omid Scobie, currently an ABC News royal contributor.

Lawyers for Associated Newspapers argued during the original privacy lawsuit case that Meghan was trying to manipulate the narrative around her to be more positive, and that she gave or enabled “them [the authors of Finding Freedom, Omid Scobie and Carolyn Durand] to be given a great deal of other information about her personal life, in order to set out her own version of events in a way that is favorable to her.”

Meghan’s lawyers categorically refuted those claims at the time and Meghan did so again in her response to Associated Newspapers’ appeal.

“It is untrue that my husband and I [or either of us] spoke to the authors for the purposes of the Book. Nor did we meet with them ‘in about late 2018,’ far less did we do so at any time to discuss ‘the ways in which [we] would cooperate in the writing of the Book’ as also alleged. I note that this is effectively confirmed by Mr. Knauf at paragraph 18 of his Witness Statement,” she wrote in a 22-page court response to Knauf.

In a Nov. 10 public appearance during the appeal process, Meghan said she was “standing up for what’s right” with her lawsuit.

“It’s an arduous process but, again, it’s just me standing up for what’s right,” Meghan said at The New York Times DealBook Online Summit. “At a certain point, no matter how difficult it is, you know the difference between right and wrong, you must stand up for what’s right, and that’s what I’m doing.”

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