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December 21, 2006

Prince of Wales judgment upheld

Category: News

Mail on Sunday's appeal against Hong Kong journal judgment dismissed


The Court of Appeal has dismissed an appeal by the Mail on Sunday against Blackburne J’s decision to grant the Prince of Wales summary judgment against them over their publication of his Hong Kong journal.


The Court rejected the newspaper’s arguments that there were issues of fact requiring trial in relation to the Prince’s practice as to allowing others to see the journals and as to making his views public and influencing executive action. The factual dispute on these issues did not require a trial and the judge was right to proceed as if the Mail on Sunday‘s evidence on these issues was correct.


It then went on to hold that the journal was obviously private and confidential, and, given that it had been disclosed to the newspaper in breach of confidence, it was not in the public interest that the duty of confidence owed to the Prince, or his Article 8 rights, should be breached by the publication of its contents. The publication was also a breach of the Prince’s copyright.


5RB‘s Mark Warby QC acted for the Mail on Sunday.


Click here for the 5RB case report and full judgment.


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