HRH the Duchess of Sussex v Associated Newspapers Ltd

HRH the Duchess of Sussex v Associated Newspapers Ltd

The court approved the defendant's broader wording for the public domain proviso, allowed 14 days for publication, accepted the defendant's proposals for the form and prominence of the publication, refused permission to appeal but granted a stay pending appeal, and extended time for filing an appellant's notice to align with other appeal deadlines.

Parties
Claimant: HRH The Duchess of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
22 March 2021
Procedural Posture
Civil Intellectual Property / Privacy / Post Summary Judgment, Consequential Orders and Applications
Outcome
Applications determined; orders made as per judgment; stay granted pending appeal; permission to appeal refused at first instance.
Legal Topics
Misuse of Private Information, Copyright Infringement, Injunctions, Publication Orders, Stay Pending Appeal
Intellectual Property Privacy Law Media Law Misuse of Private Information Copyright Infringement Injunctions Publication Orders Stay Pending Appeal

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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 and Applications

Legal Issues

  1. 1 Form of the public domain proviso in misuse injunction
  2. 2 Timing and form of publication order
  3. 3 Permission to appeal publication order

Ratio Decidendi

The court approved the defendant's broader wording for the public domain proviso, allowed 14 days for publication, accepted the defendant's proposals for the form and prominence of the publication, refused permission to appeal but granted a stay pending appeal, and extended time for filing an appellant's notice to align with other appeal deadlines.

Court Disposition

Applications determined; orders made as per judgment; stay granted pending appeal; permission to appeal refused at first instance.

Orders

  • Defendant to publish statement in agreed form within 14 days of order, subject to stay pending appeal.
  • Defendant's version of the public domain proviso approved for the misuse injunction.