Court of Appeal to consider the Defendant’s appeal in Duchess of Sussex v Associated Newspapers

The Duchess of Sussex brought an action in misuse of private information, infringement of copyright and breach of data protection rights in respect of the publication in the MailOnline and Mail on Sunday of parts of a five-page letter that she wrote to her father in August 2018, following her marriage to the Duke of Sussex.

The Defendant appeals against the orders of Warby J (as he then was) dated 11 February 2021 and 5 May 2021, granting summary judgment on the Duchess’ claims in misuse of private information, subsistence and infringement of copyright, and consequential matters.

Both the Claimant and the Defendant also apply for permission to adduce fresh evidence.

The appeal is due to be heard from 9 – 11 November 2021 before The Master of the Rolls, The President of the Queen’s Bench Division and Lord Justice Bean.

5RB’s Andrew Caldecott QC, Alex Marzec and Gervase de Wilde for the Appellant, instructed by RPC LLP.

5RB’s Justin Rushbrooke QC and Jane Phillips for the Respondent, instructed by Schillings International LLP.


The hearing will be streamed live from Court 71, here.

5RB Case Report of the decision of Warby J, here.

5RB News Report of the decision of Warby J, here.