The Mail should totally take Duchess Meghan’s lawsuit to the Supreme Court, lol

Britain's Meghan, Duchess of Sussex reacts as she arrives to visit Canada House, in London on January 7, 2020, in thanks for the warm Canadian hospitality and support they received during their recent stay in Canada.

The Mail lost their appeal, as we discussed. It’s brilliant that two courts have now said, in no uncertain terms, that the Duchess of Sussex’s privacy and copyright were violated by the Mail when the newspaper published her handwritten letter to her father. The Mail has now spent a lot of money throwing everything they had against Meghan. To be fair, the Mail has probably made a lot of money from their daily campaign of hate in print and online. Meghan sells. Smearing Meghan has sold a lot of papers. So, what’s next? The Mail can apparently take this to the Supreme Court, but considering the narrow scope of the lawsuit, the result will likely be the same. Byline Investigates had some very good analysis of what happens next. Some highlights:

A straight-forward & unanimous victory: The Mail and its allies will protest, but the Duchess of Sussex’s victory in the Court of Appeal is a straightforward one, upholding well-established principles in English privacy and copyright law. A crushing judgment in her favour in the High Court has now been followed by an equally crushing unanimous finding from three of the country’s most senior judges.

A cut-and-dry case: In other words, the newspaper broke two laws in early 2019 when it published large parts of a personal letter the Duchess wrote to her father, and for all the legal fuss it has made since then the newspaper has offered no meaningful legal defence. The famous ‘new evidence’ submitted by Associated, and the Duchess’s equally famous apology for revising her position, made no difference to the outcome.

Another appeal? Associated, which is backed by the wealth of its billionaire proprietor Lord Rothermere, tends to exhaust every possibility in court cases and so will probably now seek leave to appeal to the Supreme Court, but after such a resounding dismissal its chances must be slender.

Lord Rothermere better have Meg’s money: The matter now returns to the High Court, where Lord Justice Warby has yet to conclude the process of determining how the Duchess is to be compensated for the harm done to her. She is not seeking damages but an ‘account of profits’: in other words she wants to be compensated on the basis of how much money the Mail on Sunday made from its law-breaking. Also to be resolved is the matter of costs. Associated has already made an interim payment of £450,000 to the Duchess to reimburse her costs in bringing the action. The final sum, now including the costs of fighting the appeal, is likely to be considerably higher.

The apology: Another consequence of today’s judgment is that the Mail on Sunday should now have to publish prominently on its front page and on page three statements acknowledging that it infringed the Duchess’s copyright. This is a rare if not unprecedented measure in the UK media, where corrections, even to front-page stories, are invariably published without prominence on inside pages.

[From Byline Investigates]

My guess – and I’m sure we’ll hear about it soon enough – is that the Mail will appeal to the Supreme Court. It’s not because they think they have a solid legal defense, because it’s clear that they do not. They’ll appeal because those old men simply cannot abide apologizing to Meghan, and because they know they can continue to draw this out and sell more papers. Which brings me to the fact that Meghan is “not seeking damages but an ‘account of profits’: in other words she wants to be compensated on the basis of how much money the Mail on Sunday made from its law-breaking.” I hope Meghan’s lawyers argue that an “account of profits” should be made from the Mail’s coverage of her lawsuit as well. Whew.

Kind of hope everyone makes the Cambridges and Jason Knauf’s involvement into a bigger deal too. This wasn’t just a victory for Meghan: it was a complete failure for the Kensington Palace Clowns.

Duke and Duchess of Sussex

Photos courtesy of Avalon Red, WENN.

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53 Responses to “The Mail should totally take Duchess Meghan’s lawsuit to the Supreme Court, lol”

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  1. Jan90067 says:

    Love to start the day off with a Happy Dance!

    HUGE Congratulations to Meghan (and Harry)! Her statement was gracious, and while I hope the settlement would beggar the bastard “Lord” Rothermere, I don’t think it’ll even give him pause to stop doing this to her (or others).

    Meanwhile, I’d LOVE to be a fly on the wall over at KP today!

    • Andrew's Nemesis says:

      PWT’s head is spinning like the kid from the Exorcist; the Kate-bot has run down and sags mutely.

  2. MerlinsMom1018 says:

    Saddle up m’fers!!!!
    Best have Madame Duchess’s money

    • MMadison says:

      We don’t call them Salty Island for nothing. They can’t just accept defeat and let it go. No, not Salty Island Bitter Brits. They will continue to be the fools of the world…have at it!

      • Hellie says:

        Why can’t I reply to this?

      • Killfanora says:

        MMadison, it is NOT Salty Island, nor is it Bitter Brits. I am sick and tired of explaining on this forum that it is the MEDIA that are against Harry and Meghan, not all British people. There is a huge number of we Brits who love Meghan and Harry, far more than the British Media either believe or would have everyone believe.
        How would you like it if Brits referred to ALL Americans as right-wing MAGA Donald’s?

  3. ThatsNotOkay says:

    OH, for sure. Got m’popcorn poppin’ and my conch shell in my ear so I can hear the bell of the cash register ding from across the pond as Meghan racks up more coin from this suit.

  4. Irene says:

    The Supreme Court are NOT going to listen to any appeal.

    The appeal was the original decision of NOT holding a trial before the judge made his decision.

    • Amy Bee says:

      @Irene: I’ve just seen this tweet which supports what you said:

      “Very odd because you can’t appeal outcomes to the Supreme Court, you have to appeal a point of law. So The Mail are going to have to argue there’s a fundamental error in law. Can’t see that happening.”

      So, it seems unlikely that MoS would be allowed to appeal.

    • Legalese says:

      The appeal was on a summary judgment decision. Summary judgment can indeed be appealed to the highest court, and ANP could argue that the lower court erred as a matter of law just as they did in this case. Whether the court will actually take it or not is another matter, though. In the US you have to petition for certiorari and the Supreme Court must grant a writ in order for the case to be taken up (quite rare). I’m not an expert on English law, but I believe the standard is much lower for the Supreme Court in the UK.

    • Cessily says:

      I read a post from a lawyer in Britain that stated there needed to be a point of law for the DM to use and there just isn’t one so odds are they will try to appeal but it won’t be heard. Not sure if that is how it works or not. I hope this is the end of it and that they do tally up the profits made in every article published since they printed her letter.
      I do wonder when people will start pointing out in mainstream media that they are harassing her in print and through the courts (with the full support of Kensington Palace and their staff) since they really have no legal standing regarding a private letter from a daughter to a father.

    • Sofia says:

      The chances of it seem slim. That’s what I’m getting from this article and from people who actually know law.

  5. Amy Bee says:

    The Cambridges’ involvement in this case has to amplified but we’re not going to get it from the Royal rota who are bleating about freedom of speech. Jason Knauf should be stepping down today.

  6. Kfg says:

    Elegant Bill and keen Khate had better start looking for new digs. They won’t be in the palace much longer.

  7. Harla says:

    Part of me hopes that it goes to the Supreme Court so that Jason will have to take the stand and confirm what we all know, that William authorized the smear campaign, the leaks against Meghan and paid Tom to stop the wedding.

  8. girl_ninja says:

    Gotta sell those birdcage liners and keep those comment sections open for the racist haters to commiserate. The Daily Mail truly is the Daily FAIL.

  9. Watson says:

    I’m only here for the “daily fail” line in Meg’s statement. Truly petty AND hilarious!!!

  10. Layla says:

    Question. Could Meghan sue Jason the Knife for releasing breaching her privacy regarding the text messages?

    • equality says:

      If it was “work” e-mail, the palace may hold the copyright as her “employer”.

      • Cws says:

        The palace was Jason’s employer but never Meghan’s. That’s supposedly why there was no help for her when she had suicidal ideation.
        She wasn’t actually an employee and didn’t have the same rights

      • Moderatelywealthy says:

        But they said they were not their emiyer right? When she asked help HR said it could not be offered because she was not working for them, so…

      • lanne says:

        but they said specifically that they WERENT her employer–that’s why she couldn’t get mental health help

      • equality says:

        But was she using “work” provided e-mail or a personal account? At my work we had disclaimers about the e-mail explaining policies.

      • notasugarhere says:

        An org that exempted itself from fair hiring practices? I wouldn’t count on them having any formal policies around emails, disclaimers, etc.

  11. Nemo says:

    This news is just what I need to start my weekend!
    I wish I could give Meghan a big hug. She has been through so much and is still standing tall and smiling. The Duchess of Cheshire 🐈 (maniacal grinning) could never!

  12. Jay says:

    I imagine the Fail will be eager not to have to account for how much money they have made from covering the Sussexes, and will exhaust all legal avenues to avoid having that sort of information made public.

    Settling Meghan’s legal fees is one thing, as I imagine they can profit and maybe even try to raise money from their audience that Meghan is trying to “cancel” them. But few companies would want their full accounts opened to such scrutiny. At the very least, the relative comparison of the coverage and value of the Sussexes vs the Cambridges will give TOB something else to clench about.

    • Izzy says:

      If that is the case, they would truly be better off offering a huge settlement and putting this issue to bed. They must be getting some spectacularly bad legal advice.

      • dc says:

        Lord Rothermere is a billionaire with very deep pockets. Whatever costs they are made to pay will be small change to him.
        But the exposure of the ACTUAL PROFITS the papers make from intentional toxic coverage of Meghan will be very revealing & embarrassing.

    • Jais says:

      This what I’m excited about. I want it made public exactly how much money they made off of invading Meghan’s privacy.

    • Becks1 says:

      Yes, I think this is part of the reason behind this appeal and if they try to appeal again – they don’t want to have to acknowledge how much money they have made off Meghan – even just this one story (the initial article plus any follow ups and if she gets to ask for accounting of how much they have made from covering the trial…..)

      It’s going to be glorious when it all comes out.

      • Christine says:

        I completely agree, they don’t want to have to cough up the actual amount of money they made torturing Meghan.

    • Athena says:

      When the sperm donor finds out how much the daily fail made off of the articles and stories involving the letter, he’ll probably sue for his cut.

    • Mrs.Krabapple says:

      I just hope the accounting of profits doesn’t turn out the way it does in “Hollywood” accounting. One of the most famous cases is the Darth Vader actor didn’t receive profits from “Return of the Jedi” because the studio’s shady accounting made it look like the hugely successful movie did not make a profit. Hopefully those shenanigans don’t happen in the British courts.

  13. S808 says:

    they can’t be THAT bitter or even that desperate to sell papers. if they appeal, would the case even be heard when they’ve lost twice? seems like a waste of time and money to me.

    • Watson says:

      The more appeals they make the more opportunity they have to create headlines from leaked emails from KP and Jason Knauf. It was always in the interest of the tabloids to drag this on as long as possible, creating lies and making millions. Moreover, this is as close as they will get to her now that she has run for the hills of montecito. They are like a toxic ex that can’t quite quit her.

      • ML says:

        Meghan was so stressed by this mess, she had a miscarriage: I hope this is soon over, and I’m glad she won.

  14. Ania says:

    Just read Meghan’s statement. Perfect as always but she managed to incorporate phrase „daily fail” in it and now I think she reads Celebitchy and secretly winked at us!

  15. Feeshalori says:

    Sure, go right ahead and bring it to the SC to drag out this case and make more money. It’s just extra millions in Meghan‘s pocket when they go down in flames again.

  16. Margaret says:

    Well to drag this out more, will be glorious, as if they lose I hope the pay outs are higher. The world stage, for a major defeat would be the ultimate humiliation. So yeah bring it on.

  17. Athena says:

    They have already lost twice on the world stage, how much more losing on the world stage do they want.

    • Watson says:

      The financial losses paid out to Meghan pale in comparison to the money they have made based on headlines generated from this case. If given the opportunity to drag it out, they sure as hell will. What impresses me the most is that Meghan gives no fucks and she’s willing to endure it based on principal and fighting for what is right.

  18. Beech says:

    The Daily Fail, a foreign periodical, appeal this case to the US Supreme Court? How?

  19. Lady Digby says:

    They just released a statement saying they are disappointed because they want evidence tested at court with cross examination as Jason new evidence raises issues over Meg,s credibility.
    Brian Cathcart twitter covered this yesterday: it is all about a splashy headline trial a LA Johnny Depp. They couldn’t care less if Bad dad, Jason or William are destroyed in cross examination. Meghan is the new Diana and yes they want to hunt her down.
    The law is NOT their side and they will only waste more money on more legal shenanigans but their owner has deep pockets. This is all about selling newspapers through sensational crap not reportage. We are fighting a pandemic so why don’t ANL report on that instead of being relentless, mean and cruel to a young mother?

    • Merricat says:

      Then they’ll lose again, however long it takes. Those deep pockets can pay damages, the bill for their attorneys, and the bill for Meghan’s attorneys. The whole point is to stand up. Meghan’s not going to sit down until it’s over, and now they know it.

  20. Slippers4life says:

    If they take this to the Supreme Court, which they will because the headlines, and W and K support the fail in that battle, what further justification is there for the monarchy?

  21. aquarius64 says:

    ANL wants blood on the walls and they don’t care who spills, Bad Dad, Jason or Bulli-am.. The BM is already recycling TT’s old interview about how the Sussexes and the royals owe him. Shots fired.

  22. MerlinsMom1018 says:

    I feel you. Everyone and their gramma thinks ALL of us Texans are redneck, trump loving, gun toting, bible thumping idjits with 3 teeth between us.
    I know that y’all (the regular folk) see thru the bullshit and refuse to be swayed
    I got you