Duchess of Sussex v Associated Newspapers Ltd

Duchess of Sussex v Associated Newspapers Ltd

The claimant is the sole author and exclusive owner of copyright in the Electronic Draft; the defendant had no real prospect of success on ownership or defences. Summary judgment on liability for copyright infringement is entered for the claimant. Remedies including injunctions, delivery up, destruction, and publication of notices are granted, subject to agreed carve-outs and proportionality. The defendant must pay costs of the summary judgment application on the indemnity basis due to unreasonable delay in conceding ownership issues.

Parties
Claimant: HRH The Duchess of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2021
Procedural Posture
Civil / Post Summary Judgment, Consequential Orders, Directions for Remedies
Outcome
Summary judgment entered for claimant on copyright infringement; consequential orders and directions for remedies issued.
Legal Topics
Copyright Infringement, Misuse of Private Information, Data Protection, Summary Judgment, Account of Profits, Injunctions, Costs
Intellectual Property Privacy Media Law Copyright Infringement Misuse of Private Information Data Protection Summary Judgment Account of Profits +2 more

Case Brief

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Parties

HRH The Duchess of Sussex

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil / Post Summary Judgment, Consequential Orders, Directions for Remedies

Legal Issues

  1. 1 Whether the claimant was sole author and exclusive owner of copyright in the Electronic Draft
  2. 2 Whether the defendant infringed copyright by publishing extracts from the Letter
  3. 3 Whether the claimant is entitled to an account of profits for copyright infringement and/or misuse of private information

Ratio Decidendi

The claimant is the sole author and exclusive owner of copyright in the Electronic Draft; the defendant had no real prospect of success on ownership or defences. Summary judgment on liability for copyright infringement is entered for the claimant. Remedies including injunctions, delivery up, destruction, and publication of notices are granted, subject to agreed carve-outs and proportionality. The defendant must pay costs of the summary judgment application on the indemnity basis due to unreasonable delay in conceding ownership issues.

Court Disposition

Summary judgment entered for claimant on copyright infringement; consequential orders and directions for remedies issued.

Orders

  • Injunction restraining defendant from reproducing, issuing, or communicating the Electronic Draft or substantial parts thereof
  • Order for delivery up and destruction of offending articles and complete copies of Electronic Draft or Letter, subject to carve-outs for archiving, legal privilege, and litigation