HRH The Duchess of Sussex v Associated Newspapers Ltd

HRH The Duchess of Sussex v Associated Newspapers Ltd

The claimant had a reasonable expectation of privacy in the Letter; the defendant's publication was a misuse of private information and an infringement of copyright in the Electronic Draft. The only legitimate justification for publication was to correct inaccuracies in the People Article, but the defendant's disclosure was excessive and disproportionate. Fair dealing and public interest defences failed. The claimant was entitled to summary judgment on liability for misuse of private information and copyright infringement, with limited issues of authorship and ownership to be tried.

Parties
Claimant: HRH The Duchess of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 February 2021
Procedural Posture
Civil / Summary Judgment Application and Strike Out
Outcome
Summary judgment for the claimant on liability for misuse of private information and copyright infringement; limited issues of copyright authorship and ownership to be tried.
Legal Topics
Misuse of Private Information, Copyright Infringement, Fair Dealing, Public Interest Defence, Freedom of Expression, Article 8 ECHR, Article 10 ECHR
Media Law Privacy Law Copyright Law Misuse of Private Information Copyright Infringement Fair Dealing Public Interest Defence Freedom of Expression +2 more

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Parties

HRH The Duchess of Sussex

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application and Strike Out

Legal Issues

  1. 1 Whether the claimant had a reasonable expectation of privacy in the contents of the Letter
  2. 2 Whether the defendant's publication constituted misuse of private information
  3. 3 Whether copyright subsists in the Electronic Draft and Letter

Ratio Decidendi

The claimant had a reasonable expectation of privacy in the Letter; the defendant's publication was a misuse of private information and an infringement of copyright in the Electronic Draft. The only legitimate justification for publication was to correct inaccuracies in the People Article, but the defendant's disclosure was excessive and disproportionate. Fair dealing and public interest defences failed. The claimant was entitled to summary judgment on liability for misuse of private information and copyright infringement, with limited issues of authorship and ownership to be tried.

Court Disposition

Summary judgment for the claimant on liability for misuse of private information and copyright infringement; limited issues of copyright authorship and ownership to be tried.

Orders

  • Summary judgment entered for claimant on misuse of private information and copyright infringement
  • Directions for trial of limited copyright authorship and ownership issues