Meghan Markle wins court ruling to protect friends’ identities

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"111265417"&NewLine;&Tab;&Tab; data-section&equals;"2">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><p>The Duchess of Sussex has won the latest tussle in her legal action against a British newspaper after a UK High Court judge ruled in her favour over protecting the identities of five friends who gave an anonymous interview to a US magazine&period;<&sol;p>&NewLine;<p>In a ruling on Wednesday&comma; Mr Justice Warby said he had concluded that &OpenCurlyDoubleQuote;for the time being at least” Meghan should be granted an order which protects the identities of the individuals&period;<&sol;p>&NewLine;<p>Following the ruling&comma; a source said the duchess was &OpenCurlyDoubleQuote;happy” with the decision&period;<&sol;p>&NewLine;<p>The Duchess is suing Associated Newspapers &lpar;ANL&rpar;&comma; the publisher of the Mail On Sunday and MailOnline&comma; over an article which reproduced parts of a &OpenCurlyDoubleQuote;private and confidential” handwritten letter she sent to her estranged father Thomas Markle &lpar;76&rpar; in August 2018&period;<&sol;p>&NewLine;<p>At a preliminary hearing in London last week&comma; Meghan’s lawyers applied for the five friends who gave an interview to People magazine to remain anonymous in reports of the proceedings&period;<&sol;p>&NewLine;<p>ANL opposed the application&period;<br &sol;>&NewLine;In his ruling&comma; Mr Justice Warby said he was granting the duchess’s application&comma; but added that the decision could change in the future&period;<&sol;p>&NewLine;<p>He said&colon; &OpenCurlyDoubleQuote;I have concluded that for the time being at least the court should grant the claimant the orders she seeks&comma; the effect of which will be to confer protection on the sources’ identities&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;That is confidential information&comma; the protection of which at this stage is necessary in the interests of the administration of justice&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;This is an interim decision&period;”<&sol;p>&NewLine;<p>The senior judge went on to say that Meghan’s case has been ongoing for 10 months and is still &OpenCurlyDoubleQuote;some way” from trial&period;<br &sol;>&NewLine;&OpenCurlyDoubleQuote;The weight to be given to the relevant factors may well change as the case progresses&comma;” he said&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Those that require that confidentiality should prevail over transparency at this preliminary&comma; case-management stage&comma; may fade or even evaporate if and when there is a trial at which one or more of the sources gives evidence&period;”<&sol;p>&NewLine;<p>Giving the reasons for his ruling&comma; Mr Justice Warby said&colon; &OpenCurlyDoubleQuote;At this stage&comma; continued anonymity not only upholds the agreement made between People magazine and the five friends&comma; and the reasonable expectations which that generated&semi; it also supports the proper administration of justice by shielding the friends from the &OpenCurlyQuote;glare of publicity’ in the pre-trial stage&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Generally&comma; it does not help the interests of justice if those involved in litigation are subjected to&comma; or surrounded by&comma; a frenzy of publicity&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;At trial&comma; that is a price that may have to be paid in the interests of transparency&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;But it not a necessary concomitant of the pre-trial phase&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;It is reasonable to be concerned that in that phase the peculiarly febrile atmosphere surrounding this case&comma; and some of the coverage&comma; could act as a deterrent and undermine fairness and due process&period;”<&sol;p>&NewLine;<p>Following the ruling&comma; a source said the duchess had the interests of her friends at heart&period;<&sol;p>&NewLine;<p>The source said&colon; &OpenCurlyDoubleQuote;The duchess felt it was necessary to take this step to try and protect her friends – as any of us would – and we’re glad this was clear&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;We are happy that the judge has agreed to protect these five individuals&period;”<&sol;p>&NewLine;<p>In the People article&comma; published in February last year&comma; the friends spoke out against the bullying Meghan said she has faced&period;<&sol;p>&NewLine;<p>They have only been identified in confidential court documents&period;<&sol;p>&NewLine;<p>The duchess &lpar;39&rpar; says her friends gave the interview without her knowledge&comma; and denies a claim made by ANL that she &OpenCurlyDoubleQuote;caused or permitted” the People article to be published&period;<&sol;p>&NewLine;<p>At a hearing last week&comma; Meghan’s lawyers argued that the friends – referred to as A to E – have a right to anonymity both as confidential journalistic sources and under their own privacy rights&period;<&sol;p>&NewLine;<p>In written submissions&comma; Antony White QC&comma; acting for ANL&comma; said the friends are &OpenCurlyDoubleQuote;important potential witnesses on a key issue”&period;<&sol;p>&NewLine;<p>&OpenCurlyDoubleQuote;Reporting these matters without referring to names would be a heavy curtailment of the media’s and the defendant’s entitlement to report this case and the public’s right to know about it&comma;” he said&period;<&sol;p>&NewLine;<p>ANL won the first skirmish in the legal action on May 1&comma; when Mr Justice Warby struck out parts of Meghan’s claim&comma; including allegations that the publisher acted &OpenCurlyDoubleQuote;dishonestly” by leaving out certain passages of the letter&period;<&sol;p>&NewLine;<p>Meghan is suing ANL over five articles in total – two in the MoS and three on MailOnline – which were published in February 2019 and reproduced parts of a handwritten letter she sent to her father in August 2018&period;<&sol;p>&NewLine;<p>The headline on the article read&colon; &OpenCurlyDoubleQuote;Revealed&colon; The letter showing true tragedy of Meghan’s rift with a father she says has &OpenCurlyQuote;broken her heart into a million pieces’&period;”<&sol;p>&NewLine;<p>The duchess is seeking damages from ANL for alleged misuse of private information&comma; copyright infringement and breach of the Data Protection Act&period;<&sol;p>&NewLine;<p>ANL wholly denies the allegations&comma; particularly the duchess’s claim that the letter was edited in any way that changed its meaning&comma; and says it will hotly contest the case&period;<&sol;p>&NewLine;&Tab;&Tab;&Tab;<div style&equals;"padding-bottom&colon;15px&semi;" class&equals;"wordads-tag" data-slot-type&equals;"belowpost">&NewLine;&Tab;&Tab;&Tab;&Tab;<div id&equals;"atatags-dynamic-belowpost-68ed129a0ec02">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;<script type&equals;"text&sol;javascript">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;window&period;getAdSnippetCallback &equals; function &lpar;&rpar; &lbrace;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;if &lpar; 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