I am hoping to live-tweet the procedural hearing today in Duchess of Sussex v Associated Newspapers. It’s not being streamed onto a public website but the High Court cause list indicates how people can access the remote hearing. I’m currently waiting to be let in.
It’s a privacy claim and is being heard in the Chancery Division Intellectual Property List by Mr Justice Warby. He is expected to reserve judgment until a later date. There are no witnesses at this stage.
The duchess complains about publication in the Mail on Sunday on 10 February 2019 of extracts from a letter she sent her father, Thomas Markle, in August 2018. She seeks damages for misuse of her private information, breach of her data protection rights and breach of copyright.
The publishers deny these claims. They say there is a public interest in reporting on and scrutinising the royal family and that by February 2019 the duchess had put the existence of the letter and a description of its contents in the public domain.
At today’s hearing, the Mail will ask the court to “strike out” parts of the duchess’s written claim. The grounds are fairly technical. If judge agrees, the duchess will not be allowed to argue those points at the full hearing.
The duchess say the Mail chose to “deliberately omit or supress parts of the letter in a highly misleading and dishonest manner”. The Mail says allegations of dishonesty and malicious intent do not form part of any cause of action and are not properly pleaded.
The duchess says passages were omitted because they would have been unfavourable to the Mail “as one of the ‘tabloid’ newspapers which had been deliberately seeking to dig or stir up issues between her and her father”.
The Mail says that’s a “bald assertion unsupported by any particulars and … there are no or no reasonable grounds for making this allegation. Other are allegations are “impermissible because … they are irrelevant and/or not properly pleaded”.
Counsel for the duchess is David Sherborne, instructed by Schillings. Counsel for Associated Newspapers is Antony White QC, instructed by RPC.
Case opens on time. Warby J explains the procedure.
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