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The Mail on Sunday will use evidence from the Duchess of Sussex’s father, Thomas Markle, in a High Court battle over the publication of a private letter she wrote to him.Meghan accuses the paper of misusing her private information, breaching copyright and selective editing.The Mail on Sunday rejects the claims and says there was “huge and legitimate” public interest in publishing the note.No date has been set for the case.Documents submitted to the High Court by the paper laying out its defence show much of the evidence it looks like it will rely upon comes from Mr Markle.He was at the centre of controversy in the lead up to Meghan’s marriage to Prince Harry in 2018.The documents include text messages sent from Mr Markle to his daughter ahead of the wedding.”The fact that so much of the evidence appears to come directly from him and that he appears to be co-operating with the paper presents at least the possibility of him being called to testify in court against his own daughter,” BBC reporter John Donnison said.What is the Mail on Sunday arguing?The newspaper has given what BBC royal correspondent Jonny Dymond describes as a “very robust” response to Meghan’s claims.The paper argues in legal documents that members of the Royal Family, including the duchess, “rely on publicity about themselves and their lives in order to maintain the privileged positions they hold and promote themselves”.It said the duchess “did not have a reasonable expectation of privacy that the contents of the letter were private and would remain so”.
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“There is a huge and legitimate public interest in the Royal Family and the activities, conduct and standards of behaviour of its members,” it said.”This extends not merely to their public conduct, but to their personal and family relationships because those are integral to the proper functioning of the monarchy.”As evidence that it did not infringe her privacy, the paper says the letter was “immaculately copied” in Meghan’s “elaborate handwriting”, arguing that this care in its presentation meant she anticipated it would be seen and read by a wider audience.What is the paper’s response to Meghan’s claims?The 44-page legal filing by the Mail on Sunday aims to tackle the duchess’ claims one by one:
Meghan claimed she had not courted publicity for her relationship with her father – but the paper says she has not denied authorising her friends to speak about it for an article in a US magazine
The duchess said publishing the letter breached her copyright – but the Mail on Sunday says it was not a protected “original literary work” but a recounting of existing facts
Meghan said it infringed her data rights – but the newspaper says the data was not sensitive and concerned topics she had put in the public domain
Accused of selective editing – the Mail on Sunday says the extracts it released accurately conveyed the tone, content and meaning of the letter.
What is the background?In October, law firm Schillings, acting for the duchess, filed a High Court claim against the Mail on Sunday and its parent company Associated Newspapers over the alleged misuse of private information, infringement of copyright and breach of the Data Protection Act 2018.At the time, Harry said he and his wife were forced to take action against “relentless propaganda”.Referring to his late mother Diana, Princess of Wales, he said: “I lost my mother and now I watch my wife falling victim to the same powerful forces.”The legal proceedings are being funded privately by the couple and any proceeds will be donated to an anti-bullying charity.Has this happened before?Yes – it is not the first time the royals have taken legal action against the press. In 2017, the Duke and Duchess of Cambridge were awarded £92,000 (100,000 euros) in damages after French magazine Closer printed topless pictures of the duchess in 2012.Where are Meghan and Harry?Meghan returned to Canada to be with her son Archie last week.The duchess visited a women’s centre in Vancouver on Tuesday, in her first public appearance since she and Prince Harry said they would “step back” as full-time royals.The Downtown Eastside Women’s Centre posted a photograph of the duchess with staff and visitors on Facebook, with the caption “Look who we had tea with today”. Her visit was “to discuss issues affecting women in the community”, the group added.
The visit provides a sense of what the family’s future may be like in Canada, following their decision to split their time between the Commonwealth country and the UK.Prince Harry is expected to join Meghan and Archie in Canada at a later date – he is due to attend an official event at Buckingham Palace on Thursday.Meanwhile, the Duke and Duchess of Cambridge are expected to make their first joint visit since Prince Harry and Meghan’s decision to “step back” in Bradford later.What about Meghan and Prince Harry ‘stepping back’?Details of the Mail on Sunday’s defence come as the Royal Family seeks to redefine the Duke and Duchess of Sussex’s role after the pair issued their surprise statement a week ago.The Queen, the Prince of Wales, the Duke of Cambridge, and Prince Harry met at Sandringham on Monday to discuss the couple’s future.In a statement released later, the Queen said discussions had been “very constructive” and that final decisions will “be reached in the coming days”.
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