HHR The Duchess of Sussex v Associated Newspapers Ltd

HHR The Duchess of Sussex v Associated Newspapers Ltd

The claimant is entitled to a declaration, a final injunction restraining misuse of private information, and a publication order reflecting her success on copyright infringement issues resolved in her favour. An account of profits is ordered for copyright infringement. Delivery up/destruction orders and final copyright injunctions are deferred pending resolution of copyright ownership. Costs are awarded substantially to the claimant. Permission to appeal is refused as there is no real prospect of success.

Parties
Claimant: HRH The Duchess of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
05 March 2021
Procedural Posture
Civil Intellectual Property / Privacy / Post Summary Judgment; Consequential Orders
Outcome
Summary judgment for claimant on misuse of private information and copyright infringement (subsistence and infringement); remedies and further issues to be determined at a further hearing; permission to appeal refused.
Legal Topics
Misuse of Private Information, Copyright Infringement, Data Protection, Remedies, Summary Judgment, Injunctions, Publication Orders, Costs, Permission to Appeal
Intellectual Property Privacy Data Protection Misuse of Private Information Copyright Infringement Remedies Summary Judgment Injunctions +3 more

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Parties

HRH The Duchess of Sussex

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil Intellectual Property / Privacy / Post Summary Judgment; Consequential Orders

Legal Issues

  1. 1 What remedies are appropriate following summary judgment for misuse of private information and copyright infringement?
  2. 2 Should a declaration, injunction, publication order, or delivery up be granted?
  3. 3 How should costs be allocated?

Ratio Decidendi

The claimant is entitled to a declaration, a final injunction restraining misuse of private information, and a publication order reflecting her success on copyright infringement issues resolved in her favour. An account of profits is ordered for copyright infringement. Delivery up/destruction orders and final copyright injunctions are deferred pending resolution of copyright ownership. Costs are awarded substantially to the claimant. Permission to appeal is refused as there is no real prospect of success.

Court Disposition

Summary judgment for claimant on misuse of private information and copyright infringement (subsistence and infringement); remedies and further issues to be determined at a further hearing; permission to appeal refused.

Orders

  • Declaration granted as to misuse of private information and copyright infringement in the Electronic Draft.
  • Final injunction restraining misuse of private information, with public domain carve-out.