Meghan Markle launches 11th-hour bid to delay High Court privacy battle that could prevent her having to give evidence
THE Duchess of Sussex is attempting to stop her High Court privacy trial against her estranged father from going ahead.
Lawyers for Meghan have applied to adjourn the hearing and are today expected to ask a judge to axe it, claiming that the defence has no chance of succeeding.
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Their application will be heard after a private hearing held “to protect the confidentiality of some of the facts”.
Meghan, 39, is suing Associated Newspapers, publishers of the Mail on Sunday, for printing extracts of a handwritten letter she sent to Thomas Markle, 75.
Both have previously pledged to give evidence at the trial, due to start on January 11.
The Ministry of Justice confirmed Meghan had filed an application to postpone the trial.
Her lawyers are today expected to ask for a “summary judgment and strike out application”.
If Justice Warby agrees, she and her dad would not have to testify in public and the judge will decide the outcome behind closed doors on the basis of written evidence
What is a Summary Judgment?
The court may give summary judgment against a claimant or defendant on the whole of a claim or on a particular issue if it is agreed that:
- The claimant has no real prospect of succeeding on the claim
- The defendant has no real prospect of successfully defending the claim
- There is another compelling reason why the case or issue should be disposed of at trial
Meghan’s lawyers are expected to appeal against a decision to allow allegations that she collaborated with Finding Freedom, a biography on her and Harry’s life, to form part of the defence case.
Associated say she wrote the letter knowing it would get into the public domain.
She denies it and is suing for invasion of privacy, copyright infringement and data protection rights.