The Duchess of Sussex has lost her latest High Court battle with the media after a judge ruled she can be accused of “collaborating” with the authors of a book about her life with Prince Harry.
Meghan, 39, is suing Associated Newspapers (ANL), publisher of the Mail on Sunday and MailOnline, over an alleged privacy breach when extracts of a handwritten letter she sent to her father, Thomas Markle, were published in February 2019.
She claims the letter was private and never for public consumption, bringing a High Court claim for damages from the newspaper group.
Following the ruling, a spokesman for law firm Schillings, representing Meghan, said The Mail on Sunday would “try contending its amended defence at trial, where we have no doubt it will fail,” adding: “This defence has no merit and is in fact false.”
In the latest legal tussle, ANL applied to amend its defence to the Duchess’s claim, to argue that she had “co-operated with the authors of the recently published book Finding Freedom to put out their version of certain events” and therefore undermined her claim to privacy.
The book, by American-based Royal reporters Carolyn Durrand and Omid Scobie and published by HarperCollins, presents a biography of the Duke and Duchess of Sussex, including their marriage, moves away from the traditions of the Royal Family, and their departure to the US.
At a hearing this afternoon, Master Francesca Kaye said the allegation that Meghan had fed information to the authors may quickly collapse at trial, but ruled the newspaper group was entitled to advance the argument in its defence at trial.
She said Meghan’s lawyers had argued the court was being “hoodwinked into thinking there’s more to the proposed amendments than we think there is”, but concluded the argument could be ventured.
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“There is always the risk with an inferential case that it will fall apart at an early stage if the inferences start to unravel”, she said. “But these are clearly matters for the trial judge.”
The judge said one of the authors, Mr Scobie, has denied in a statement to the court that there was any contribution from Meghan, but found it was not a “knock-out blow” to ANL’s amended defence case.
“It may be what it does not say rather than what it does say that might prove to be significant at trial”, she said of Mr Scobie’s statement, adding of the new accusations levelled at Meghan: “If, as suggested, it’s all a house of cards, it will quickly fall down at trial.”
At a hearing last Monday, Justin Rushbrooke QC, for Meghan, insisted: “The claimant and her husband did not collaborate with the authors on the book, nor were they interviewed for it, nor did they provide photographs to the authors for the book.”
He argued the book had merely drawn on the articles published by ANL which referred to the letter to Mr Markle, and information which the Duchess is accused of providing to the authors are in the public domain from other sources.
Meghan Markle: The Duchess of Sussex – In pictures
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Meghan, The Duchess of Sussex and Prince Harry, Duke of Sussex attend a roundtable discussion on gender equality with The Queen’s Commonwealth Trust (QCT) and One Young World at Windsor Castle
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The Duke and Duchess of Sussex leaving after their visit to Canada House, central London, meeting with Canada’s High Commissioner to the UK, Janice Charette, as well as staff to thank them for the warm hospitality and support they received during their recent stay in Canada
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The Duke and Duchess of Sussex with their baby son, who was born on Monday morning, during a photocall in St George’s Hall at Windsor Castle in Berkshire
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Prince Harry, Duke of Sussex kisses his wife Meghan, Duchess of Sussex as they leave from the West Door of St George’s Chapel, Windsor Castle
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Duchess of Sussex and Prince Harry, Duke of Sussex leave Windsor Castle after their wedding to attend an evening reception at Frogmore House, hosted by the Prince of Wales on May 19, 2018 in Windsor
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Meghan Markle attends the Rising Stars: 2012 Producers Ball during the Toronto International Film Festival
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Meghan Markle attends the London Global Gift Gala in 2013
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Meghan Markle on Deal or No Deal
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Meghan Markle attends the Elton John AIDS Foundation’s 13th Annual An Enduring Vision Benefit in 2014
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at MADE Fashion Week, New York in 2015
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Meghan Markle attends the pARTy! Celebrating 25 years of P.S. ARTS, in Los Amgeles in 2016
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Meghan Markle in a Anti-Social: Special Edition – Trailer
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Meghan Markle attends the 12th annual CFDA/Vogue Fashion Fund Awards at Spring Studios, New York in 2015
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Meghan Markle wearing a Kleinfeld wedding dress for Suits
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Meghan Markle photographed for Vanity Fair in 2017
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Prince Harry arrives with Meghan Markle at the wheelchair tennis event during the Invictus Games in Toronto, Ontario, Canada in 2017
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Meghan Markle during a walkabout on the esplanade at Edinburgh Castle, during a visit to Scotland in 2018
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Prince Harry and Meghan Markle on the announcement of their engagement in the Sunken Garden at Kensington Palace
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Meghan Markle walks down the aisle in St George’s Chapel, Windsor Castle, in Windsor
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Prince Harry, Duke of Sussex (L) and US fiancee of Britain’s Prince Harry Meghan Markle stand together hand in hand at the High Altar during their wedding ceremony in St George’s Chapel, Windsor Castle
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Prince Harry and Meghan Markle kiss on the steps of St George’s Chapel in Windsor Castle after their wedding in St George’s Chapel at Windsor Castle on May 19, 2018
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The Duke and Duchess of Sussex on their wedding day in May 2018
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Prince Harry, Duke of Sussex and the Duchess of Sussex ride in the Ascot Landau carriage during the procession after getting married at St George’s Chapel, Windsor Castle
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The Duke and Duchess of Sussex, Meghan Markle and Prince Harry, leaving Windsor Castle after their wedding to attend an evening reception at Frogmore House, hosted by the Prince of Wales
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Princess Anne, Princess Royal, Princess Beatrice, Lady Louise Windsor, Prince Andrew, Duke of York, Queen Elizabeth II, Meghan, Duchess of Sussex, Prince Charles, Prince of Wales, Prince Harry, Duke of Sussex, Catherine, Duchess of Cambridge, Prince William, Duke of Cambridge, Princess Charlotte of Cambridge, Savannah Phillips, Prince George of Cambridge and Isla Phillips watch the flypast on the balcony of Buckingham Palace during Trooping The Colour on June 9, 2018 in London
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The Duchess Of Sussex on her foirst official engagement with The Queen Elizabeth
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The Duchess of Sussex at a garden party at Buckingham Palace
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The Duke & Duchess Of Sussex Attend ‘Your Commonwealth’ Youth Challenge Reception
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The Queen, Meghan, Duchess of Sussex, Prince Harry, Duke of Sussex watch the RAF flypast on the balcony of Buckingham Palace, as members of the Royal Family attend events to mark the centenary of the RAF on July 10, 2018 in London
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Catherine, Duchess of Cambridge and Meghan, Duchess of Sussex attend day twelve of the Wimbledon Lawn Tennis Championships at All England Lawn Tennis and Croquet Club on July 14, 2018 in London
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Meghan, Duchess of Sussex and Prince Harry, Duke of Sussex visit the Nelson Mandela Centenary Exhibition at Southbank Centre’s Queen Elizabeth Hall on July 17, 2018 in London
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Meghan Duchess of Sussex arrives for the Sentebale Polo 2018 held at the Royal County of Berkshire Polo Club on July 26, 2018 in Windsor,
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex take a tour alongside The Governor of New South Wales David Hurley and his wife Linda Hurley as they attend the Official opening of ANZAC Memorial at Hyde Park on October 20, 2018 in Sydney, Australia
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend the Australian Geographic Society Awards to present youth awards to honour the highest achievements in conservation and adventure at the Grand Ballroom, Shangri-La Hotel in Sydney on October 26, 2018.
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Meghan, Duchess of Sussex poses during a Welcome Event at Admiralty House on October 16, 2018 in Sydney, Australia
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex talk to members of OneWave, an awareness group for mental health and wellbeing at South Bondi Beach on October 19, 2018 in Sydney, Australia
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex walk down to Bondi Beach on October 19, 2018 in Sydney, Australia
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Meghan, Duchess of Sussex visits the University of the South Pacific on October 24, 2018 in Suva, Fij
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a state dinner at the Royal Residence on October 25, 2018 in Nuku’alofa, Tong
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Prince Harry, Duke of SussexÃandÃMeghan, Duchess of Sussex Applauding the Netherlands and United States of American teams in the Wheelchair Basketball Gold metal macth after Unted States won gold during day eight of the Invictus Games Sydney 2018 at on October 27, 2018 in Sydney, Australi
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex visit Redwoods Tree Walk on October 31, 2018 in Rotorua, New Zealand
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Meghan, Duchess of Sussex visits the Hubb Community Kitchen to see how funds raised by the ‘Together: Our Community’ Cookbook are making a difference at Al Manaar, North Kensington on November 21, 2018 in London
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Prince William, Duke of Cambridge, Catherine, Duchess of Cambridge, Meghan, Duchess of Sussex and Prince Harry, Duke of Sussex arrive to attend Christmas Day Church service at Church of St Mary Magdalene on the Sandringham estate on December 25, 2018 in King’s Lynn
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Meghan, the Duchess of Sussex arrives for a visit to the Mayhew, an animal welfare charity on January 16, 2019 in London
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The Duchess of Sussex helps style Patsy Wardally during her visit to Smart Works
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The Duke and Duchess of Sussex arrive for a visit to the Bristol Old Vic theatre, which is undergoing a multi-millionpound restoration in February 2019
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The Duke and Duchess of Sussex pictured in March 2019
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Prince Harry and Meghan, Duchess of Sussex, attend the WE Day UK event at the SSE Arena in Wembley,
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Meghan, Duchess of Sussex takes part in a panel discussion convened by the Queen’s Commonwealth Trust to mark International Women’s Day in London
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The Duke and Duchess of Sussex leave following a Commonwealth Service at Westminster Abbey
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Meghan, Duchess of Sussex arrives for the Commonwealth Day Youth Event with Prince Harry, at Canada House in London
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Harry and Meghan help volunteers in the kitchen as they pack food parcels
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Message written on fruit by the Duchess of Sussex when she was helping to prepare food parcels to go in the charity outreach van during her visit to One25, a charity specialising in helping women to break free from street sex work, addiction and other life-controlling issues
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Meghan, Duchess of Sussex arrives for her baby shower at the Mark Hotel, New York
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex arrive for a reception hosted by the British Ambassador to Morocco at the British Residence during the second day of their tour of Morocco on February 24, 2019 in Rabat, Morocco
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Their Royal Highnesses travelled to Botswana to assist Dr. Mike Chase of Elephants Without Borders in equipping a bull elephant with a satellite collar.
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The Duke and Duchess of Sussex with their baby son during a photocall in St George’s Hall at Windsor Castle, Berkshire
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The Duke and Duchess of Sussex with their baby son during a photocall in St George’s Hall at Windsor Castle, Berkshire
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Meghan, The Duchess of Sussex and Prince Harry, Duke of Sussex attend a roundtable discussion on gender equality with The Queen’s Commonwealth Trust (QCT) and One Young World at Windsor Castle
Jeremy Selwyn
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The Duke and Duchess of Sussex leaving after their visit to Canada House, central London, meeting with Canada’s High Commissioner to the UK, Janice Charette, as well as staff to thank them for the warm hospitality and support they received during their recent stay in Canada
PA
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The Duke and Duchess of Sussex with their baby son, who was born on Monday morning, during a photocall in St George’s Hall at Windsor Castle in Berkshire
PA
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Prince Harry, Duke of Sussex kisses his wife Meghan, Duchess of Sussex as they leave from the West Door of St George’s Chapel, Windsor Castle
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Duchess of Sussex and Prince Harry, Duke of Sussex leave Windsor Castle after their wedding to attend an evening reception at Frogmore House, hosted by the Prince of Wales on May 19, 2018 in Windsor
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Meghan Markle attends the Rising Stars: 2012 Producers Ball during the Toronto International Film Festival
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Meghan Markle attends the London Global Gift Gala in 2013
Getty Images
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Meghan Markle on Deal or No Deal
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Meghan Markle attends the Elton John AIDS Foundation’s 13th Annual An Enduring Vision Benefit in 2014
Getty Images
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Suits: Season 5
NBC
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at MADE Fashion Week, New York in 2015
BFA/Rex Features
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Meghan Markle attends the pARTy! Celebrating 25 years of P.S. ARTS, in Los Amgeles in 2016
Getty Images
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Meghan Markle in a Anti-Social: Special Edition – Trailer
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Meghan Markle attends the 12th annual CFDA/Vogue Fashion Fund Awards at Spring Studios, New York in 2015
Getty Images
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Meghan Markle wearing a Kleinfeld wedding dress for Suits
Kleinfeld
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Meghan Markle photographed for Vanity Fair in 2017
Peter Lindbergh exclusively for Vanity Fair
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Prince Harry arrives with Meghan Markle at the wheelchair tennis event during the Invictus Games in Toronto, Ontario, Canada in 2017
Reuters
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Meghan Markle during a walkabout on the esplanade at Edinburgh Castle, during a visit to Scotland in 2018
PA
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Prince Harry and Meghan Markle on the announcement of their engagement in the Sunken Garden at Kensington Palace
Jeremy Selwyn
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Meghan Markle walks down the aisle in St George’s Chapel, Windsor Castle, in Windsor
PA
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Prince Harry, Duke of Sussex (L) and US fiancee of Britain’s Prince Harry Meghan Markle stand together hand in hand at the High Altar during their wedding ceremony in St George’s Chapel, Windsor Castle
AFP/Getty Images
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Prince Harry and Meghan Markle kiss on the steps of St George’s Chapel in Windsor Castle after their wedding in St George’s Chapel at Windsor Castle on May 19, 2018
PA
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The Duke and Duchess of Sussex on their wedding day in May 2018
AFP/Getty Images
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Prince Harry, Duke of Sussex and the Duchess of Sussex ride in the Ascot Landau carriage during the procession after getting married at St George’s Chapel, Windsor Castle
Getty Images
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The Duke and Duchess of Sussex, Meghan Markle and Prince Harry, leaving Windsor Castle after their wedding to attend an evening reception at Frogmore House, hosted by the Prince of Wales
Reuters
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Princess Anne, Princess Royal, Princess Beatrice, Lady Louise Windsor, Prince Andrew, Duke of York, Queen Elizabeth II, Meghan, Duchess of Sussex, Prince Charles, Prince of Wales, Prince Harry, Duke of Sussex, Catherine, Duchess of Cambridge, Prince William, Duke of Cambridge, Princess Charlotte of Cambridge, Savannah Phillips, Prince George of Cambridge and Isla Phillips watch the flypast on the balcony of Buckingham Palace during Trooping The Colour on June 9, 2018 in London
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The Duchess Of Sussex on her foirst official engagement with The Queen Elizabeth
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The Duchess of Sussex at a garden party at Buckingham Palace
PA
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The Duke & Duchess Of Sussex Attend ‘Your Commonwealth’ Youth Challenge Reception
Getty Images
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The Queen, Meghan, Duchess of Sussex, Prince Harry, Duke of Sussex watch the RAF flypast on the balcony of Buckingham Palace, as members of the Royal Family attend events to mark the centenary of the RAF on July 10, 2018 in London
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Catherine, Duchess of Cambridge and Meghan, Duchess of Sussex attend day twelve of the Wimbledon Lawn Tennis Championships at All England Lawn Tennis and Croquet Club on July 14, 2018 in London
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Meghan, Duchess of Sussex and Prince Harry, Duke of Sussex visit the Nelson Mandela Centenary Exhibition at Southbank Centre’s Queen Elizabeth Hall on July 17, 2018 in London
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Meghan Duchess of Sussex arrives for the Sentebale Polo 2018 held at the Royal County of Berkshire Polo Club on July 26, 2018 in Windsor,
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex take a tour alongside The Governor of New South Wales David Hurley and his wife Linda Hurley as they attend the Official opening of ANZAC Memorial at Hyde Park on October 20, 2018 in Sydney, Australia
Getty Images
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend the Australian Geographic Society Awards to present youth awards to honour the highest achievements in conservation and adventure at the Grand Ballroom, Shangri-La Hotel in Sydney on October 26, 2018.
Getty Images
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Meghan, Duchess of Sussex poses during a Welcome Event at Admiralty House on October 16, 2018 in Sydney, Australia
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex talk to members of OneWave, an awareness group for mental health and wellbeing at South Bondi Beach on October 19, 2018 in Sydney, Australia
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex walk down to Bondi Beach on October 19, 2018 in Sydney, Australia
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Meghan, Duchess of Sussex visits the University of the South Pacific on October 24, 2018 in Suva, Fij
Getty Images
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex attend a state dinner at the Royal Residence on October 25, 2018 in Nuku’alofa, Tong
Getty Images
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Prince Harry, Duke of SussexÃandÃMeghan, Duchess of Sussex Applauding the Netherlands and United States of American teams in the Wheelchair Basketball Gold metal macth after Unted States won gold during day eight of the Invictus Games Sydney 2018 at on October 27, 2018 in Sydney, Australi
Getty Images
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex visit Redwoods Tree Walk on October 31, 2018 in Rotorua, New Zealand
Getty Images
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Meghan, Duchess of Sussex visits the Hubb Community Kitchen to see how funds raised by the ‘Together: Our Community’ Cookbook are making a difference at Al Manaar, North Kensington on November 21, 2018 in London
Getty Images
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Prince William, Duke of Cambridge, Catherine, Duchess of Cambridge, Meghan, Duchess of Sussex and Prince Harry, Duke of Sussex arrive to attend Christmas Day Church service at Church of St Mary Magdalene on the Sandringham estate on December 25, 2018 in King’s Lynn
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Meghan, the Duchess of Sussex arrives for a visit to the Mayhew, an animal welfare charity on January 16, 2019 in London
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The Duchess of Sussex helps style Patsy Wardally during her visit to Smart Works
Daily Mail
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The Duke and Duchess of Sussex arrive for a visit to the Bristol Old Vic theatre, which is undergoing a multi-millionpound restoration in February 2019
PA
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The Duke and Duchess of Sussex pictured in March 2019
PA
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Prince Harry and Meghan, Duchess of Sussex, attend the WE Day UK event at the SSE Arena in Wembley,
Reuters
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Meghan, Duchess of Sussex takes part in a panel discussion convened by the Queen’s Commonwealth Trust to mark International Women’s Day in London
AP
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The Duke and Duchess of Sussex leave following a Commonwealth Service at Westminster Abbey
PA
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Meghan, Duchess of Sussex arrives for the Commonwealth Day Youth Event with Prince Harry, at Canada House in London
AP
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Harry and Meghan help volunteers in the kitchen as they pack food parcels
AFP/Getty Images
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Message written on fruit by the Duchess of Sussex when she was helping to prepare food parcels to go in the charity outreach van during her visit to One25, a charity specialising in helping women to break free from street sex work, addiction and other life-controlling issues
PA
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Meghan, Duchess of Sussex arrives for her baby shower at the Mark Hotel, New York
AP
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Prince Harry, Duke of Sussex and Meghan, Duchess of Sussex arrive for a reception hosted by the British Ambassador to Morocco at the British Residence during the second day of their tour of Morocco on February 24, 2019 in Rabat, Morocco
Yui Mok/Getty Images
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Their Royal Highnesses travelled to Botswana to assist Dr. Mike Chase of Elephants Without Borders in equipping a bull elephant with a satellite collar.
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The Duke and Duchess of Sussex with their baby son during a photocall in St George’s Hall at Windsor Castle, Berkshire
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The Duke and Duchess of Sussex with their baby son during a photocall in St George’s Hall at Windsor Castle, Berkshire
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Antony White QC, for ANL, said Finding Freedom gave “every appearance of having been written with their (Meghan and Harry’s) extensive co-operation”.
In her ruling today, Master Kaye said Meghan’s arguments at trial should not be substantially altered by the new allegations being levelled at her by ANL,
“She says she has nothing to do with the information in the public domain, whether directly or indirectly”, she said.
“(She says) the letter was and remains a private letter to her father and she is entitled to her privacy. She says in simple terms ‘it wasn’t me and had nothing to do with me’. If that’s the case, it’s a simple case from an evidential point of view.”
The legal skirmish over the amendment to the defence case has cost the Duchess of Sussex nearly £180,000, the court heard.
She has spent £139,000 and was ordered today to pay £39,000 of the newspaper’s £45,000 costs bill after losing today’s ruling.
At a previous stage of the legal battle, Mr Justice Warby agreed with the Duchess’ insistence that the identities of five friends who had spoken to a US magazine about her should not be revealed.
The names appeared on a confidential schedule in the court case, and the judge agreed that they should remain anonymous at this stage of proceedings.
The case centres on five articles – two in the Mail on Sunday and three on MailOnline – which were published in February 2019. Master Kaye said last week “excessive” costs have already been run up on the case, which is due to go to trial in January next year.
In a statement after the ruling, a spokesman for Schillings said: “The court has today stated that The Mail on Sunday will be allowed to amend its legal defence for trial regardless of whether that defence is accurate or true which, based on legally sworn witness statements refuting the newspaper’s arguments, it is not.
“The Mail has been allowed to prolong this action and try contending its amended defence at trial, where we have no doubt it will fail. This defence has no merit and is in fact false.
“We were prepared for this potential outcome given the low threshold to amend a pleading for a privacy and copyright case.
“The (judge) made clear that if The Mail on Sunday’s defence is indeed weak and without evidence, it would be a house of cards and fall down at trial.
“This latest hearing was unfortunately another step in a case that has already been drawn out by a defendant who uses the legal process to exploit the duchess’s privacy and the privacy of those around her for profit-motivated clickbait rather than journalism.
“As a reminder, it is The Mail on Sunday and Associated Newspapers who acted unlawfully and are the ones on trial, not the Duchess of Sussex – although they would like their readers to believe otherwise.”