Meghan Markle will today learn whether she must testify about claims she provided extensive co-operation for bombshell biography Finding Freedom.
The Duchess of Sussex is suing U.K. tabloid the Mail on Sunday for publishing a letter she sent her father after he missed her wedding.
She claims the newspaper breached her privacy by printing deeply personal extracts from the handwritten note.
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However, publisher Associated Newspapers claims Meghan has breached her own privacy by allowing intimate details of her life to be given to journalists.
The company’s lawyers want the right to ask the duchess in court about whether she co-operated with Finding Freedom‘s authors Omid Scobie and Carolyn Durand.
Today, a judge will decide whether to allow the newspaper to introduce the book as evidence in the case.
If Judge Francesca Kaye gives the green light, lawyers will be able to ask Meghan in the witness box about how much she knew about which of her friends helped with the book and what they said.
The Mail on Sunday‘s lawyers said in a court filing last week: “On August 11, 2020, a book was published entitled ‘Finding Freedom: Harry, Meghan and the Making of a Modern Royal Family’ which is a biography of [Meghan] and her husband, focusing on events in their lives, including their private lives, since their relationship began and which gives every appearance of having been written with their extensive co-operation.
“The book contains a great deal of detailed information about [Meghan’s] personal life including a number of passages referring to her relationship and communications with her father, and a section referring to the letter which is at the heart of this case.
“[The Mail on Sunday] relies on the contents of the book and other matters in support of proposed amendments to its case.”
Meghan denies co-operating and her lawyers in court were dismissive of the authors and of a series of examples from the book the Mail on Sunday cited in its filing.
Meghan’s lawyer said in a court document: “The vast majority of these are either extremely anodyne and/or I understand are the product of creative license and/or are inaccurate.
“It is also debatable as to whether the examples paint [Meghan] in a good light as claimed.”
The Mail on Sunday‘s lawyers also want to call co-author Scobie as a witness in the case.
Scobie has already provided a witness statement in which he said Meghan did not co-operate with the book, but acknowledged the palace did suggest some of the people he interviewed.
In court documents seen by Newsweek, he is quoted as saying: “We were not solely relying on the palace to introduce us to people close to the duke and duchess.”
Meghan’s lawyers last week said in court documents: “The two short extracts from the Letter that appear in the Book were published one year and five months after the Mail on Sunday articles.
“It cannot be disputed that they amount to a small fraction of what the Defendant published from the Letter, without [Meghan’s] consent.
“To make matters worse, what was published in the Book by way of extracts from the Letter was lifted from the [Mail on Sunday‘s] own articles.”
Judge Kaye is due to sit at the High Court in London at 2 .p.m local time.
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