The Duchess of Sussex is asking for her trial against the Mail to be delayed

Prince Harry and Meghan Duchess of Sussex visit to Dublin, Ireland - 11 Jul 2018

As the tabloids, royal reporters and professional gossips have discussed ad nauseum, the Duke and Duchess of Sussex are not returning to England for Christmas. But they are due to return to England just after Christmas, or at least they were due. The trial for Meghan’s lawsuit against the Mail was set to start in early January. That date has been on the books for a few months. Leading up to the trial, there have been tons of motions or updates, most of them seen as “negative” towards Meghan. She’s already switched lawyers too, and the end is in sight. Except now she wants to delay the trial:

Meghan has requested to delay the trial of her privacy case against The Mail on Sunday’s publisher, Associated Newspapers. The trial was due to begin in early January and take place at the High Court in London. It is set to last between eight to 10 days. Mr Justice Warby will hear the arguments tomorrow.

Another aspect of Meghan’s legal case, costs and case management, was due to be discussed tomorrow by Judge Francesca Kaye. However, this hearing has now be replaced by the new application filed by the Duchess of Sussex.

The application will be considered at an online hearing – the first part of which will be in private, according to a court document seen by PA.

[From The Daily Express]

I suspect that this is about travel logistics more than anything else, but we honestly don’t know. If I was sitting in a palatial estate in Montecito, I wouldn’t want to fly to dreary olde England in the dead of winter either, especially not in the middle of a pandemic which is still raging on both continents. Not to mention the complications of international travel at this time. I’ll also admit that one of my first thoughts was “she’s pregnant, that’s why she doesn’t want to travel!” But again, we don’t know. I’m sure this will be spun into a “she’s running scared” conversation. She’s not running scared of this lawsuit which SHE brought. Did I think this was going to be an open-and-shut case? For sure. Has it been stupidly complicated by the Mail? Yes. Are they still using this lawsuit as a way to get additional Sussex content? Also yes. So, yeah, big questions.

Update: So, Victoria Murphy is reporting that Meghan is asking for a summary judgment, basically saying that the Mail doesn’t have enough evidence that they did NOT do what she’s accused them of, which is publishing her letter to her father. There’s also a complaint from Meghan’s side that the judge’s previous ruling – which said that the Mail could argue that Meghan leaked info to Omid Scobie and Carolyn Durand – has made too much work (at the last minute) for Meghan’s side.

Princess Eugenie wedding

Meghan Markle is see leaving the Met Breuer Museum ahead of her baby shower

Photos courtesy of WENN, Avalon Red, Backgrid.

You can follow any responses to this entry through the RSS 2.0 feed.

57 Responses to “The Duchess of Sussex is asking for her trial against the Mail to be delayed”

Comments are Closed

We close comments on older posts to fight comment spam.

  1. Sofia says:

    Travel restrictions are very unlikely to be lightened up by January so if she goes to England, she has to leave 2 weeks earlier to quarantine and then spend 8-10 days in England, and then spend 2 weeks in the US quarantining. That’s easily 5-6 weeks of her life disrupted.

    What I’m more interested in is why the royal correspondents are apparently being shut out of the hearing despite being at every other one. I suspect it’s because the judge doesn’t want it to turn into a media circus (although it seems a little too late for that). But the Mail don’t seem to be complaining about press being shut out.

    • Melissa says:

      Exactly this.

    • Bluemilk says:

      Someone said the first part of the hearing will be private. But the media will getting some info from the second part of the hearing. I think Meghan is pregnant.

    • Nic919 says:

      With all the safety precautions they need to take because of covid, they just don’t have physical room for all the tabloids to sit in the courtroom. They probably don’t want to go to the bother of setting up a zoom link for preliminary attendances like this either. If there is a trial they will likely set up more with zoom.

  2. Amy Bee says:

    Victoria Murphy is reporting the following on Twitter:

    “Meghan’s team has applied for a Summary Judgment and will make an argument in court tomorrow that they don’t believe there is a compelling reason for trial.”

    https://twitter.com/byQueenVic/status/1321426600953565184

    “Meghan’s team are also making an application to adjourn because of the extra work involved with inclusion of Finding Freedom in the Defense. And they are also appealing the biography’s inclusion in another separate application.”

    https://twitter.com/byQueenVic/status/1321428595806490625

    • Becks1 says:

      oh summary judgment would be so nice. Just end this justice warby.

    • BnLurkN4eva says:

      This would be great and really this is what aught to happen if the judge is being sensible given the nature of the case and how obviously wrong the defendants are.

    • Mignionette says:

      It sounds like Meg is looking to move to a conclusion on the basis of the existing facts (or lack thereof on DM’s part) or where that isn’t possible just postpone things until such time that she can mount a more vigorous legal defence due to travel/ resources/ time of the court etc.

      It also sounds like this is just a means to extract this side issue from the overall case as essentially the DM as using it as a means to ;

      1. blindside the trial
      2. make up stories and make more money

  3. Becks1 says:

    My guess is she doesn’t want to deal with the whole “travel in the midst of a pandemic” thing, especially since it doesn’t look like this is going to be under control in January by any stretch of the imagination. If she has to quarantine in the UK before the trial, and the trial is 8-10 days, that’s 3 weeks where she’s away from Archie (since I doubt she will bring him.) Plus quarantining when she gets back to CA. Delaying just seems like the best move.

    The part about the hearing being private though did make me think she was pregnant and doesn’t want the news out yet.

    • Sofia says:

      Possibly. If she’s pregnant then she might not want the press to find out until she’s ready to tell.

      • Nic919 says:

        That won’t stay quiet for long if it gets mentioned in open court. It would also have to be in the written application if used as a reason for adjourning the trial.

    • MsDiMeanOur says:

      Also getting major pregnancy vibes from this
      Hopefully she is

      ❤️❤️❤️

    • Elizabeth Regina says:

      I hope she is. It will wind up the right wings in the UK up and make them go crazy. I am here for it.

  4. Yvette says:

    The Duchess of Sussex should have her legal team file to include “Battle of Brothers” as a counter point to the Mail’s inclusion of “Finding Freedom” as part of their defense. There are SO many intimate details about Diana, Charles, William, and Harry that aren’t always said to come directly from them and are often sourced from a friend–name or unnamed–even thought the details are extremely intimate, that the Mail’s case of the Sussexes contributing to “Finding Freedom” due to ‘detailed intimacy’ would fade in the wind. Yes, Lacey includes a lot of ‘public domain’ text, but some of those ‘unnamed-yet-sourced’ parenthesized conversations? Way more intimate than what’s in “Finding Freedom.”

    • Becks1 says:

      Yeah, I understand why the MoS are trying to use FF as a defense (don’t agree, but I get it) but it just seems that it’s going to open a whole can of worms down the line. Battle of Brothers wouldn’t come into play at this point I don’t think, because the other Windsors aren’t involved in this suit, but it could set a precedent – that participating even somewhat in a biography removes other privacy rights for the royals.

      • Yvette says:

        Harry is involved. He had to provide documents to the court that he attempted to contact Thomas Markle, and the Mail’s statement was that ‘they’ contributed to “Finding Freedom.”

      • Becks1 says:

        Harry, yes, but not Charles or the Queen etc. I just don’t see how Battle of the Brothers would be relevant here, unless the MoS is going to say that Harry and Meghan ALSO contributed to that one. MoS is trying to use FF, but H&M aren’t going to turn around and say “but what about Battle of the Brothers?!?!”

    • notasugarhere says:

      There were plenty of inaccuracies and fictions in FF. To me it is clear Omid and Durand did what they said – wrote a book of their own observations, embellished. Harry and Meghan weren’t part of the writing of it, just as they’ve all said.

      • Yvette says:

        Exactly. And there are a few inaccuracies in “Battle of Brothers” as well. He’s actually included a couple of maded up tales from the Daily Fail because ‘Buckingham Palace hasn’t denied them.’ This, after talking about the outdated Windsor motto of ‘Never complain, never explain.’

  5. Snuffles says:

    Honestly, this should have been an open and shut case. The Daily Mail is dragging this out for content and they are trying to drag her and Harry back to make a massive spectacle and more content. And to abuse her even further.

    If I were her, I would refuse to set foot back in the UK for this BS as well.

    And I’m glad the press is getting shut out, they shouldn’t have been met in in the first place, ESPECIALLY the Daily Mail since they are the defendants. They’ve been trying this case in the press. The judge should have shut it down and put a gag order on it from day 1.

    This circus must end.

    • Harper says:

      Yes, and once they have her in England, they’ll want to keep her there as long as possible, hence more shenanigans.

    • smilemore says:

      The UK system isn’t like the US, and no one is really dragging it out, especially the Sussexes but not even the Mail at this point at least. The case is scheduled for 10 days and then the judge decides, unless he decides on the summary judgement in her favor. The reason they are asking for a judgement is if the judge says yes the evidence is overwhelming. It’s then over, and she doesn’t have to be there or testify, nor does her father. If that doesn’t happen her lawyers second motion is the defendant case has many evidentiary items and the Sussexes counsel needs more time to go over all that. It’s a coin toss which way this goes on whether there will be a trial or not. Cause it’s a bit contradictory when it’s they have no case on one hand, but I need time to go over all this stuff on the other, but that’s lawyers for you.

  6. Yvette says:

    @Kaiser … I think this might have something to do with a behind the scenes dialogue or negotiations between the Queen–possibly with Charles–and the Sussexes. The Royal Family need the British Press in order to survive.

    • Jane's Wasted Talent says:

      Strongly disagree- the BM is part of the cage. Aside from England (and Spain, to a degree), do other national European media try to control their royals and shape the way their monarchies unfold?

  7. Bri W. says:

    Why must everyone be there in person anyway? We are all in a pandemic.

    And if I were her, I wouldn’t want to go back to London at this point anyway.

    • Snuffles says:

      👆🏽THIS. I don’t get why on EARTH she needs to physically be there. My Dad is a judge and he has been conducting virtual hearings since March.

    • Ainsley7 says:

      They’ve been using Zoom quite easily so far. At least that was my understanding. I could be wrong. So, I do think it’s more about the reasons that are stated. 1. It really should be treated as open and shut. 2. Adding in FF probably did give them a lot of (unnecessary) work and they really do need more time.

      • Mignionette says:

        Problem with Zoom is that it can get intercepted and leaked. That option was possibly considered but dropped bc of the leaking. Toxic Tom is a horrible leaker as we have seen previously.

  8. Snuffles says:

    She does have a concrete case. They published her private letter, that’s against the law as she owns the copyright. Open and shut.

    • Myra says:

      It does seem like an open and shut case. I was surprised by the circus of it all and especially with the inclusion of FF. I suppose asking for a summary judgement also protects the identity of the five friends.

      • BnLurkN4eva says:

        Yeah, I would hope that the 5 friends are protected in all this because I would hate to see the same vicious attacks aimed at Meghan directed at her friends, for being good friends to her. If it were me, I would be agonized over that more than anything else, which is why she had her lawyers moved so swiftly to shut that down.

      • Sorella says:

        Unless it’s Jessica Mulroney hahah kidding – kind of!

  9. BnLurkN4eva says:

    I had hoped that the trial would be virtual, which would allow her to remain in the US. I would hate for her to waste so much time flying to England, quarantining, doing the trial, returning to the US, quarantining before resuming her normal life. Such a waste over an open and shut case if done fairly. And what of Harry, would he go with her? I can’t imagine them both being away from Archie for the time it would take to manage all this. I suppose they could take Archie, but would they want to and who would want to be away from their young child at that time of year. I hope the judge acts sensibly to resolve this in a way that’s less disruptive, but I’m not holding my breath.

  10. Jegede says:

    But shouldn’t Meghan lawyer’s have prepared for this months age when FF was allowed to be a part of the ANL defence by the judge?

    This just seems like amateur hour.🤷‍♀️🤷‍♀️

  11. aquarius64 says:

    I think Meghan wants the summary judgment to prevent her rotten father to take the stand. Not to make her look bad but have the letter interacted and see all his dirt.

    • BnLurkN4eva says:

      I am sure she is still protecting him and knows that if he takes the stand he will be destroyed by her attorneys getting at the truth. Meghan doesn’t wish to see her father suffer, which has been made clear based on how she has responded to what he’s done so far. I think that relationship is forever severed but she doesn’t wish him harm and she knows that the BM will destroy him even more than they already have.

    • smilemore says:

      I wouldn’t say she is protecting her father either. However, I would say she probably doesn’t want to testify and if her father testifies too the remaining tabloid press will be all over it. Plus you know all testimony will be misconstrued to the most gossipy awful mess they can make. Whoever is left in the British tabloid press. It’s better if it’s decided with out all that. If the judge can do that.

  12. NotSoSimpleTaylor says:

    I know Meghan is standing on principle and refusing to settle but I really feel the lawsuit has turned out to be more trouble than it’s worth when the issues are at a cultural level. I do think she is right and can win but this is going to be an incredibly small win for her.

    I personally think her time is better spent moving forward and creating a UK NGO watchdog group regarding the tabloids.

    • Sorella says:

      I agree it seems more trouble than all this is worth. I honestly think it is a would have been best ignore – whenever any of the Royals sue it just brings MORE attention to the story and thus more attention to the the lies they are trying t correct. And it’s probably like most things in life….there are 2 sides to each story and then there is the truth.

      And I just read Finding Freedom and it is only me – I found it to be bit of snooze fest – there was NOTHING new in it, all stuff I knew as I read it on blogs or tabloids. I liked reading how they feel in love, but again, it was nothing new. My Mother and I both could not get over how poorly written it was – like the writer writes for tabloids and has never wrote a book. I think the ONLY way to REALLY know what happens within the RF is if they wrote their own book themselves. A book that Megan wrote herself – now that I would LOVE to read!!

    • Wiglet Watcher says:

      If she wins it’s a huge win! They way the BM has been so relentless against her and her family something has to be done.

      Personally, the part I look forward to most of it’s a win is how the BRF will turn on themselves being unable to abuse the spare further. Without tabloid trash they aren’t much.

      • NotSoSimpleTaylor says:

        A valid point, my friend. My concern is that either way this will be a bloodbath and be worse for her in the long run.

      • lanne says:

        But can it be any worse for her? The tabloids have never held back for any reason before. They are going to do what they will do regardless of the lawsuit. I don’t see any incentive for them to back off in any way unless the courts make them.

    • Snuffles says:

      I think for Harry and Meghan it is a matter of principle and they want to set a precedent. This is what the tabloids want. They use their considerable resources to drag stuff out, make it financially and emotionally difficult for people to continue until they drop the case. This, in turn, deters other celebrities and citizens from filing suit.

      Harry and Meghan are drawing a line in the sand letting them know they will not tolerate this behavior and hopefully this will encourage others to do the same.

      • NotSoSimpleTaylor says:

        I think you have it as far as the intent. I’m looking at it from this perspective of a journalist. I’m on their side but I question if the bloodbath is worth the small amount of punitive damages they will receive. They won’t get much when they win.

    • BnLurkN4eva says:

      It is absolutely worth everything to win this case and make their point. The tabloids published her letter without her consent and according to the law in Britain without her consent they do not have the right to publish it. The tabloids broke the law and are being held accountable and despite the uphill battle Meghan is facing in suing them, it’s worth it to let them know she won’t just take what they dish out. I applaud her and Harry’s courage in going this route and yeah it’s tiresome but in life sometimes we have to fight unpleasant fights in order to send a clear message and change things.

      • Le4Frimaire says:

        @ BNLURKN4EVA Totally agree. This lawsuit, until they left official duties, is the only time they have sued the tabloids (apart from that paparazzi photo of rental house). Look the the thousands and thousands of false and misleading articles published about her since she met Harry, and this is the one time based on a fairly concrete principle. Britain has very strong libel laws, but she hadn’t sued over anything else. If she hadn’t sued, they’d still be publishing extracts from that letter and trying go to get others to sell them anything she’s written to them, every autograph she’s signed or post-it note she’s written so they could publish and dissect it. This is not a frivolous lawsuit and is one of the reasons they stepped back from their royal roles and left the country.

  13. Sorella says:

    I agree it seems more trouble than all this is worth. I honestly think it is a would have been best ignore – whenever any of the Royals sue it just brings MORE attention to the story and thus more attention to the the lies they are trying t correct. And it’s probably like most things in life….there are 2 sides to each story and then there is the truth.

    And I just read Finding Freedom and it is only me – I found it to be bit of snooze fest – there was NOTHING new in it, all stuff I knew as I read it on blogs or tabloids. I liked reading how they fell in love, but again, it was nothing new. My Mother and I both could not get over how poorly written it was – as if the writers write for tabloids and have never written a book before. I think the ONLY way to REALLY know what happens within the RF is if they wrote their own book themselves. A book that Megan wrote herself – now that I would LOVE to read!!

  14. Shoshone says:

    Regarding the comment above about Meghan possibly being pregnant, I realize that we all hope that H&M will eventually give Archie a sibling but it’s going to be on their timetable (if it happens) and it may possibly involve adoption not necessarily another pregnancy. Just speculating.

    • BnLurkN4eva says:

      Yeah I don’t speculate about that and wouldn’t be surprise if they decide that one is enough for them. Adoption would be tricky because that poor child would be so hounded especially he/she is a POC and my heart ache to think of it.

    • HeyJude says:

      No, adoption would be yet another way to invalidate the child as a royal by the Windsors. That’d be extremely risky. Some in the palaces/RR would love to throw out Harry and Archie their very own blood sons, an adopted child wouldn’t be able to enjoy that ultimate fail-safe protection of genetics.

      • Oh says:

        But why H&M would adopt a child in the first place? They had Archie and they can have another baby. I don’t think they want a lot of children around them.

  15. Le4Frimaire says:

    The Judge should just rule on the case and be done with it. If MoS has an issue with Finding Freedom, they should bring it up directly with the authors. The suit was brought before the book was even published and this is just to draw out the trial and muddy the waters. Also I’m getting pregnancy vibes too because Harry’s been giving her swooning looks in those videos. However, we’ve been wrong constantly regarding womb watch. Anyway, hope the case is decided soon w/o trial and she WINS!

    • Ginger says:

      Im glad you brought up the swooning looks. I thought that as well. Harry was very extra when Meghan was first pregnant with Archie. I figured she was pregnant before she announced it due to how Harry was acting. He seems like that now. He has a “pep in his step” as they say.

  16. Awkward symphony says:

    It’s pretty obvious why they’re delaying the lawsuit and @Kaiser I too have been suspecting she might be pregnant. Her last time magazine pictures show she stopped styling her hair using chemicals so I wonder if she’s already few months pregnant. Dont come after me guys but I want Archie to get a cute little sibling and for her to enjoy their time now away from the snakes den & stressful environment

  17. Laura says:

    She’s pregnant for sure. This coupled with the fact that she is in her late 30s and Jessica Mulroney posted about getting good news on Instagram. Jessica loves to let people know that she’s close with Megan and gets scoops first. I feel confident that she’s pregnant.

  18. Vegan says:

    Lol none of you clearly have engaged in court proceedings. She doesn’t have to fly anywhere, in court you are represented by your lawyer. Her being there has no relevance to this case