Max Mumby/Indigo/Getty Meghan Markle
A British judge ruled Tuesday that the publisher of the Daily Mail and Mail on Sunday should make the “interim payment” to the Duchess of Sussex, 39, as part of a wider judgment ordering the newspaper group to pay 90% of Meghan’s estimated $1.88 million legal expenses.
The ruling follows Meghan’s successful claim against Associated Newspapers for reproducing parts of a handwritten letter she sent her father, Thomas Markle, in February 2019. Last month Judge Mark Warby ruled that publishing the letter, which was written after Meghan’s royal wedding to Prince Harry in May 2018, was “manifestly excessive and hence unlawful.”
“It was, in short, a personal and private letter,” he added.
Mark Large – Pool/Getty Meghan Markle
Speaking in a remote hearing at the High Court in London on Tuesday, Warby stated that the decision to award Meghan the interim payment was made, “to reflect what I consider the likely costs reasonably incurred.”
He added that while the calculation was “rough and ready,” it was about as “generous” as Meghan could realistically hope to gain and that he considered the sum “genuinely recoverable.”
While Meghan’s legal papers show that she had initially hoped for an interim payment of $1.04 million, her attorney, Justin Rushbrooke, quickly replied that he had been instructed “in pithy terms” to accept the ruling.
Steve Parsons/AFP/Getty Meghan Markle and Prince Harry
Meghan’s other requests for a front-page apology on the Mail on Sunday and Mail Online, and an order forcing Associated Newspapers to hand over or destroy any copies it has of her father’s letter, will be resolved at a later date.
“Financial remedies” concerning Meghan’s further claims for misuse of private information and infringement of data protection will also be debated at another hearing in late April or early May, said Warby.
It wasn’t a complete victory for Meghan. While Warby ruled on Feb. 11 that Associated Newspapers had infringed on her copyright in the letter, he left open the question of whether the Duchess of Sussex was the sole owner of the copyright or might have been a co-author due to alleged involvement by others in the letter’s editing.
Chris Jackson/Getty Meghan Markle and Prince Harry
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The issue of who owns the copyright to the letter remains open and is scheduled to go to a “mini-trial,” which is provisional set for October 29.
Despite this, Meghan can rest easy that her 18-month-long case against Associated Newspapers is largely settled. On Tuesday, Warby denied the newspaper group’s appeal against his Feb.11 decision, meaning that Associated can now only take the case to the separate Court of Appeal – something Judge Warby advised has “no real prospect” of success.