HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWCA Civ 1810 (02 December 2021)

HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWCA Civ 1810 (02 December 2021)

The Duchess had a reasonable expectation of privacy in the contents of her letter to her father. Publication of large extracts was not necessary or proportionate to correct inaccuracies in the People Article and was manifestly excessive. The summary judgment was properly granted as there was no real prospect of a successful defence at trial. Copyright subsisted in the letter, was infringed, and the fair dealing and public interest defences failed.

Citation
[2021] EWCA Civ 1810
Parties
Claimant/respondent: HRH The Duchess of Sussex; Defendant/appellant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2021
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Summary Judgment
Outcome
Appeal dismissed; summary judgment for the Duchess upheld.
Legal Topics
Misuse of Private Information, Copyright Infringement, Summary Judgment, Freedom of Expression, Reasonable Expectation of Privacy, Public Interest Defence, Fair Dealing, Balancing Article 8 and Article 10 ECHR
Privacy Law Copyright Law Media Law Human Rights Misuse of Private Information Copyright Infringement Summary Judgment Freedom of Expression +4 more

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Parties

HRH The Duchess of Sussex

Claimant/respondent

Associated Newspapers Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Summary Judgment

Legal Issues

  1. 1 Whether summary judgment for misuse of private information and copyright infringement was properly granted
  2. 2 Whether the Duchess had a reasonable expectation of privacy in the letter to her father
  3. 3 Whether publication of the letter was necessary and proportionate to correct public record

Ratio Decidendi

The Duchess had a reasonable expectation of privacy in the contents of her letter to her father. Publication of large extracts was not necessary or proportionate to correct inaccuracies in the People Article and was manifestly excessive. The summary judgment was properly granted as there was no real prospect of a successful defence at trial. Copyright subsisted in the letter, was infringed, and the fair dealing and public interest defences failed.

Court Disposition

Appeal dismissed; summary judgment for the Duchess upheld.

Orders

  • Summary judgment for misuse of private information and copyright infringement affirmed.
  • Associated Newspapers' defences struck out.