HRH The Duchess of Sussex v Associated Newspapers Ltd [2020] EWHC 3222 (Ch) (29 October 2020)

HRH The Duchess of Sussex v Associated Newspapers Ltd [2020] EWHC 3222 (Ch) (29 October 2020)

The trial should be adjourned on confidential grounds, as evidence and arguments satisfied the court that confidentiality and due administration of justice required it. Permission to appeal the amendment order is refused as the amendments do not constitute a new case, are formally acceptable, and raise triable issues. The claimant should serve the Re-Amended Reply to maintain procedural timetable integrity.

Citation
[2020] EWHC 3222 (Ch)
Parties
Claimant/respondent: HRH The Duchess of Sussex; Defendant/applicant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
29 October 2020
Procedural Posture
Civil Intellectual Property / Case Management Hearing; Application to Adjourn Trial; Application for Permission to Appeal Amendment Order
Outcome
Trial adjourned; permission to appeal amendment order refused; claimant ordered to serve Re-Amended Reply.
Legal Topics
Misuse of Private Information, Copyright Infringement, Case Management, Amendment of Pleadings, Adjournment of Trial
Privacy Copyright Data Protection Misuse of Private Information Copyright Infringement Case Management Amendment of Pleadings Adjournment of Trial

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Parties

HRH The Duchess of Sussex

Claimant/respondent

Associated Newspapers Ltd

Defendant/applicant

Procedural Posture

Civil Intellectual Property / Case Management Hearing; Application to Adjourn Trial; Application for Permission to Appeal Amendment Order

Legal Issues

  1. 1 Whether trial should be adjourned on confidential grounds
  2. 2 Whether permission to appeal amendment order should be granted
  3. 3 Whether claimant should serve Re-Amended Reply

Ratio Decidendi

The trial should be adjourned on confidential grounds, as evidence and arguments satisfied the court that confidentiality and due administration of justice required it. Permission to appeal the amendment order is refused as the amendments do not constitute a new case, are formally acceptable, and raise triable issues. The claimant should serve the Re-Amended Reply to maintain procedural timetable integrity.

Court Disposition

Trial adjourned; permission to appeal amendment order refused; claimant ordered to serve Re-Amended Reply.

Orders

  • Trial date of 11 January 2021 vacated and to be refixed for autumn 2021.
  • Permission to appeal Master Kaye's amendment order refused.