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Copyright - Duchess of Sussex v Associated Newspapers Ltd

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Author The Lud   Licence Copyright waiver   Jane Lambert Chancery Division (Lord Justice Warby) Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) At a directions hearing before Lord Justice Warby on 5 May 2021, His Lordship granted summary judgment to the Duchess of Sussex in her claim for copyright infringement against the publisher of The Mail on Sunday and The Mail Online. He made a number of consequential orders and gave directions for the taking of an account of profits.  His judgment in  Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021) sets out the reasons for those orders and directions. The Litigation The Duchess of Sussex sued Associated Newspapers because The Mail on Sunday and The Mail Online published large extracts of a letter that she wrote to her father.  Her causes of action were misuse of private information, breach of her statutory rights under the Data Protection Act 1998 and ...

The Form of the Carve Out and Publication Order: Duchess of Sussex v Associated Newspapers

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By Seauton , 24 February 2019 - Own work, CC BY-SA 4.0,   Jane Lambert Chancery Division (Lord Justice Warby) HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 669 (Ch) (22 March 2021) Following the largely successful summary judgment application by Her Royal Highness, The Duchess of Sussex against the publisher of The Mail on Sunday and the MailOnline in HRH The Duchess of Sussex v Associated Newspapers Ltd . [2021] WLR(D) 100, [2021] 4 WLR 35, [2021] EWHC 273 (Ch) which I discussed in Summary Judgment - Duchess of Sussex v Associated Newspapers on 12 Feb 2021, Lord Justice Warby granted a declaration, injunction and publication order to the duchess and gave directions for the conduct of the remaining proceedings in HHR The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 510 (Ch) (5 March 2021). I discussed those proceedings in Judgment and Order: Duchess of Sussex v Associated Newspapers Ltd on 9 March 2021, There remained issues over the wordin...

Judgment and Order: Duchess of Sussex v Associated Newspapers Ltd.

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By Seauton, 24 February 2019 - Own work, CC BY-SA 4.0,  https://commons.wikimedia.org/w/index.php?curid=77004919   Jane Lambert Chancery Division (Lord Justice Warby) Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 510 (Ch) (5 March 2021) On 11 Feb 2021, Mr Justice Warby (as he then was) gave judgment in the Duchess of Sussex's application for summary judgment in her claim for misuse of personal information and copyright infringement.  She was largely successful and I discussed his judgment in  Summary Judgment - Duchess of Sussex v Associated Newspapers   12 Feb 2021. There remained the following issues which the learned lord lustice set out at para [10] of a further judgment ( HRH The Duchess of Sussex v Associated Newspapers Ltd . [2021] EWHC 510 (Ch) (5 March 2021) after a full day's hearing on 2 March 2021: "(1) What are the remaining issues in the action, and what is the most appropriate procedural mechanism for dealing with them? (2) What re...

Practice - Mail's Strikeout Application

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Basher Eyre /  Junction of Fetter Lane and Rolls Buildings  /  CC BY-SA 2.0 Jane Lambert Chancery Division (Mr Justice Warby)  Duchess of Sussex v Associated Newspapers Ltd (Rev 1) [2020] EWHC 1058 (Ch) (1 May 2020) This was an application by the publisher of the Mail on Sunday  and the Mail Online  to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex  and later the reply  in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation .  The complaint arises from the newspaper's publication of a letter from the duchess to her father on 10 Feb 2019. Nature of the Application It is important to understand from the outset that this was a procedural application and that no decision has been made on the merits of the Duchess o...