HRH The Duchess of Sussex v Associated Newspapers Ltd (Rev 1)

HRH The Duchess of Sussex v Associated Newspapers Ltd (Rev 1)

Allegations of dishonesty, bad faith, and malice are irrelevant to the pleaded causes of action for misuse of private information, data protection, and copyright infringement, and are inadequately particularised. Such allegations, as well as those relating to an alleged agenda or pattern of conduct by the defendant, are struck out as irrelevant, lacking in particulars, and/or disproportionate to litigate. The court confined the case to what is necessary and proportionate for the fair determination of the dispute.

Parties
Claimant: HRH The Duchess of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Civil / Pre Trial Application (strike Out)
Outcome
Application granted in substantial part; specified passages struck out.
Legal Topics
Misuse of Private Information, Breach of Data Protection Rights, Copyright Infringement, Aggravated Damages, Case Management, Pleading Requirements, Freedom of Expression, Article 8 ECHR, Article 10 ECHR
Media Law Privacy Law Data Protection Copyright Misuse of Private Information Breach of Data Protection Rights Copyright Infringement Aggravated Damages +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

HRH The Duchess of Sussex

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil / Pre Trial Application (strike Out)

Legal Issues

  1. 1 Whether allegations of dishonesty, bad faith, and malice in the claimant’s pleadings are relevant or adequately particularised in a misuse of private information claim
  2. 2 Whether allegations regarding the defendant's alleged agenda and conduct towards the claimant and her father are relevant or proportionate to the pleaded causes of action
  3. 3 Whether the claimant’s pleadings regarding distress and aggravated damages are sufficiently particularised and proportionate

Ratio Decidendi

Allegations of dishonesty, bad faith, and malice are irrelevant to the pleaded causes of action for misuse of private information, data protection, and copyright infringement, and are inadequately particularised. Such allegations, as well as those relating to an alleged agenda or pattern of conduct by the defendant, are struck out as irrelevant, lacking in particulars, and/or disproportionate to litigate. The court confined the case to what is necessary and proportionate for the fair determination of the dispute.

Court Disposition

Application granted in substantial part; specified passages struck out.

Orders

  • Allegations of dishonesty, bad faith, and malice in the Particulars of Claim and supporting responses struck out
  • Allegations regarding the defendant's alleged agenda and pattern of conduct struck out