Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Meghan Markle trial: Father’s feelings ruled ‘relatively minor’, as judge grants delay until next autumn

Judge rejected Thomas Markle’s preference for early trial – after claiming he was ‘finding process stressful’

Adam Forrest
Wednesday 18 November 2020 12:49 GMT
Duchess of Sussex, Meghan Markle
Duchess of Sussex, Meghan Markle (AFP or licensors)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Thomas Markle’s “thoughts and feelings” are a “relatively minor” part of her privacy claim against a UK newspaper – and no reason to rush a trial, a High Court judge has said.

Meghan Markle is suing Associated Newspapers Ltd, the publisher of the Mail on Sunday and MailOnline, over an article which reproduced parts of a handwritten letter sent to her 76-year-old father in August 2018.

At a hearing in London in October, Mr Justice Warby agreed to adjourn the trial – due to start in January – until the autumn after the Duchess of Sussex’s legal team gave “a confidential ground” for doing so.

In a heavily-redacted ruling published on Wednesday, Mr Justice Warby gave further information on why he had agreed to the request for an adjournment.

The defendant’s legal team had said Mr Markle would prefer an early trial, because he is “finding the process stressful” and is “not in the best of health”.

However, the judge stated: “Mr Markle’s subjective thoughts and feeling do seem to be, on any objective view, a relatively minor aspect of the case overall.”

He added: “There is no suggestion that Mr Markle would not be available to give evidence later next year. There is, in particular, no medical evidence suggesting that a delay would make his availability less likely.

“The evidence before me included not only an account of Mr Markle’s situation and health but also an account of his views and feelings about a possible delay to the trial. But it was not suggested that his feelings on that matter should guide my decision.”

The High Court judge did not give any details of the “confidential” reason for Ms Markle’s request to adjourn the trial until the autumn, saying it was “unnecessary and undesirable” to do so.

Mr Markle has “quite rightly” not been told the confidential reason for his daughter’s application to adjourn the hearing, his judgment also stated.

Sections of the 2018 letter to Mr Markle were published in February last year, and it was announced the duchess would be bringing legal action in October.

The duchess is seeking damages from the newspaper publisher and website operator for alleged misuse of private information, copyright infringement and breach of the Data Protection Act.

Associated Newspapers Ltd wholly denies the allegations, particularly the duchess’s claim the letter was edited in any way that changed its meaning, and says it will hotly contest the case.  

Meghan is suing over five articles, two in the Mail on Sunday and three on MailOnline, which were published in February 2019.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in