Blow for Meghan Markle as she loses latest legal battle against British newspaper

Meghan Markle has suffered a setback in court in her fight against claims that she “collaborated” with the authors of a book about her life with Prince Harry. But the war against British tabloid the Daily Mail continues, with a trial due next year on whether the newspaper breached Meghan’s privacy. A judge accepted an argument from the newspaper on Wednesday morning Australian time that it could rely on details included in a sympathetic book about Meghan and Prince Harry. The newspaper argued that Prince Harry and Meghan “co-operated” with Omid Scobie and Carolyn Durand, the authors of the blockbuster book Finding Freedom that was written from the couple’s perspective. The Daily Mail argued that Meghan had given the authors the letter, parts of which were published in the book that also claimed Prince William was a “snob” for the way he treated the former actress. But the duchess’ lawyers said that was a “conspiracy theory” and that the authors lifted the quotes from the original newspaper articles. However Judge Francesca Kaye ruled that the newspaper was amending its defences, not adding new arguments. Judge Kay refused a request from Meghan’s lawyers to appeal the decision. Meghan’s lawyers said the newspaper’s defence was a “house of cards”. “The [Daily] Mail has been allowed to prolong this action and try contending its amended defence at trial, where we have no doubt it will fail. This defence has no merit and is in fact false,” a representative for Meghan’s law firm, Schillings, said. “We were prepared for this potential outcome given the low threshold to amend a pleading for a privacy and copyright case. “The (judge) made clear that if The Mail on Sunday’s defence is indeed weak and without evidence, it would be a house of cards and fall down at trial.” The lawsuit centres on the letter that Meghan wrote to her father Thomas, 76, who was a red-faced late withdrawal from her royal wedding after he sold clearly staged pictures to the paparazzi. Details of the letter first appeared in a People magazine article, sourced to five of Meghan’s friends. The newspaper then got a copy of the letter from Mr Markle, who was angry at the way he was portrayed in the People article. Meghan sacked her first lawyer David Sherborne, QC, who represented actor Johnny Depp in his blockbuster defamation case against The Sun. That case was widely seen as putting Depp’s ex-wife Amber Heard on trial, and there were claims Meghan wanted to distance herself from that action. Her new lawyer Justin Rushbrooke, QC, claimed that the couple did not help with Finding Freedom. Mr Scobie also provided a witness statement to the court saying that the couple did not authorise the book and were never interviewed for it. HARRY, MEGHAN DENY TV SHOW RUMOURS Meanwhile, Prince Harry and Meghan have denied they will be taking part in a reality television show for Netflix. The couple said via a spokesman: “The Duke and Duchess are not taking part in any reality shows.” It comes as reports emerged that the couple allegedly signed up for an up-market reality TV series with Netflix after complaining they left Britain to avoid media intrusion. Sources reported that the couple were considering letting the cameras into their lives for a behind-the-scenes look at the work they do with charities. However, royal watchers were stunned since the couple had declared war on the British Press, including a $5 million privacy lawsuit against the Daily Mail. Netflix has increasingly moved into the reality TV space, previously dominated by free to air television, with hits including Selling Sunset about a real estate agency in Los Angeles. “They may have had all these lofty ideas about producing epics highlighting environmental causes and the poverty gap, but Netflix obviously want their pound of flesh,” a source told The Sun. “It will all be very tasteful …. but they want to give people a glimpse into their lives and see all the charity work they do.” The show was not expected to be like Kim Kardashian, who became a billionaire with her series where she gave access to all areas of her life, including showing off what was in her fridge. “Much of the docuseries will be about their philanthropy rather than what they get up to behind closed doors,” the source said. “But it will still be a fascinating insight and Meghan hopes viewers will get to see the real her.” Prince Harry and Meghan quit the royal family in March, with their final public event a frosty meeting with Prince William and Kate at Westminster Abbey, just weeks before coronavirus locked down Britain. They said in their manifesto about why they were leaving that they wanted to be financially independent and they complained about the British Press’ coverage of their lives. The couple, whose security bill was estimated to be $8 million per year, were able to pay back the $5 million they owed on renovations to Frogmore Cottage following the Netflix deal. The Queen agreed they could quit their royal duties, but keep their titles, on a 12-month trial basis if they upheld the values of the Royal Family. That deal was due to be reviewed in March next year. Royal expert, Ingrid Seward, editor-in-chief of Majesty magazine, said she was stunned that they would agree to such an invasive deal. “It is extraordinary. This is exactly what they said they wouldn’t do,” she told The Sun. “The more they talk about themselves the more people will want them to do just that and won’t be interested in anything else they have to offer.” Netflix said: “The couple already have several projects in development, including an innovative nature docuseries and an animated series that celebrates inspiring women. “But we are not disclosing any of the programming slate at this time.” PALACE REELS AS HARRY ‘VIOLATES’ MEGXIT DEAL Earlier this week it was claimed Prince Harry and Meghan Markle’s comments urging Americans to vote were a “violation” of their deal to leave the royal family, prompting talks about whether to strip the couple of their titles, according to a report. The Duke and Duchess of Sussex reportedly irked senior members of the royal family when they called on American voters last week to “reject hate speech, misinformation and online negativity” in “the most important election of our lifetime,” the Sunday Times in the UK reported. Royals are supposed to remain politically neutral and the pair had pledged when they resigned from the family that “everything they do will uphold the values of Her Majesty,” the outlet reported. “The [royal] family are all wringing their hands, thinking: where is this going and does this abide by the deal to uphold the values of the Queen?” a royal aide told the outlet. “The feeling is it’s a violation of the agreement.” Buckingham Palace said last week that “any comments made by Prince Harry are made in a personal capacity.” But sources said the royal household was embarrassed by the comments, which were seen as a dig at US President Donald Trump. “If Trump is re-elected and makes another visit here, what is the Queen supposed to say when her grandson and his wife have effectively campaigned against him?” a source told the newspaper. Following the couple’s remarks, discussions were held among aides about how to further distance the royal household from them, the report said. Among the possibilities under consideration would be to take away their royal highness titles, which they were allowed to keep but not use when they hammered out their Megxit agreement. “The view at the moment is that you can’t do that to Harry. Even Edward VIII kept his [His Royal Highness] when he abdicated … [but] there is a strong view that the family really does need to put more distance between them and Harry and Meghan,” one aide told the newspaper. Buckingham Palace has not commented on the supposed talks over the Duke and Duchess of Sussex, the outlet reported. MEGHAN ‘WOULD RUN FOR PRESIDENT’ Last week, reports emerged that Meghan would “seriously consider running for US president” if she and Prince Harry ditched their royal titles. The remarkable claim comes just days after the Duke and Duchess of Sussex controversially spoke out about the importance of the upcoming American election. According to The Sun, “One of the reasons she was so keen not to give up her American citizenship was so she had the option to go into politics,” an insider close to the couple reportedly told Vanity Fair’s Katie Nicholl. “I think if Meghan and Harry ever gave up their titles she would seriously consider running for president.” It’s not the first time Meghan has been linked to the top job at the White House. Earlier this month, a celebrity agent who knows the duchess, said it would be “beyond the realm of possibility” for her to follow in the footsteps of Donald Trump. Jonathan Shalit told the Sunday Telegraph: “She’s American-born, she has every right to run for president. “Ronald Reagan was a B-list actor who ended up in the White House. Never say never.” Meanwhile, more than two thirds of Brits believe Meghan Markle and Prince Harry should be stripped of their royal titles, a new survey has revealed. The study for Tatler magazine found 68 per cent think Harry and Meghan should have had their Duke and Duchess of Sussex titles taken away from them after they stepped down from royal life. MEGHAN’S SURPRISE TV APPEARANCE It came as Markle stunned fans with a surprise appearance on the season finale of America’s Got Talent in the US to support a singer who was wrongly imprisoned for 37 years. The Duchess of Sussex recorded a supportive message for contestant, Archie Williams, from her $25 million California mansion. “We’ve been so moved by your story and we have been cheering you on every week — and it’s not just because we’re partial to the name,” Markle told Williams, The surprise appearance comes a day after US President said he was “not a fan” of the Duchess but that he “liked” Prince Harry. In the clip, Markle wore a Victoria Beckham silk shirt worth a whopping $1500 with a pair of black leather leggings similar to a Hatch maternity style ($222) she wore while pregnant with baby Archie in 2018, reported the New York Post. And royal fans were given an eye-opening glimpse into Meghan’s home with the 39-year-old’s personal effects on clear display in the background. Fans were quick to notice what some called a selection of “woke” books to very pricey $100 Diptyque candles. The couple has a stack of coffee table books on display in their new home, including A Photographer’s Life; 1990-2005 by Annie Leibovitz, and Profiles by Danish photographer Marc Hom. Others featured are interior design book Wood and Iron: Industrial Interiors, The Black Godfather: The Clarence Avant Story and Women: National Geographic Image Collection. The glimpse into the family’s private world comes a day after Mr Trump launched a brutal attack on Meghan, declaring he is “not a fan of hers” after the Duchess of Sussex urged Americans to vote against him. “I’m not a fan of hers and she has probably heard that,” Mr Trump said, before taking a backhanded aim at Meghan’s husband, Prince Harry. “I wish a lot of luck to Harry, because he’s gonna need it,” the US President said. Mr Trump’s bizarre remarks came after the Duke and Duchess of Sussex implored Americans to vote for Mr Trump’s rival, Joe Biden, at the upcoming presidential election. His comments were in direct response to a reporter at a White House press conference, who asked the President: “Prince Harry and Meghan Markle chimed in on the US election and essentially encouraged people to vote for Joe Biden. I wanted to get your reaction to that”. The furore came after Meghan and Harry urged Americans to “reject hate speech” and vote during an online video for Time magazine’s 100 most influential people list. “As we approach this November, it’s vital that we reject hate speech, misinformation and online negativity,” Harry said in the footage. Urging Americans to use their voices, Markle said: “Every four years we are told the same thing, that this is the most important election of our lifetime. But this one is”. “When we vote, our values are put into action and our voices are heard,” the former Suits actor continued. “Your voice is a reminder that you matter, because you do and you deserve to be heard.” ‘NO LONGER A WORKING ROYAL’ Buckingham Palace distanced itself from Prince Harry’s intervention in the US president election debate. In an extraordinary statement, the palace said the Duke of Sussex was “no longer a working royal” when asked if he had overstepped the mark with his comments in an online video about the White House race. Prince Harry’s comments in the video, filmed alongside his wife Meghan at their California home, have been interpreted as a slap down to Mr Trump as he fights to hold onto his job from Joe Biden, who currently leads in US polls. A palace spokesman said: “We would not comment. The Duke is not a working member of the royal family and any comments he makes are made in a personal capacity.” The Queen, despite having a weekly meeting with the Prime Minister of the day, remains politically neutral, a standard that all members of the Royal Family are expected to maintain. They do not vote in elections, of which Prince Harry made a point in the video. British TV host Piers Morgan, who famously fell out with Meghan, was stinging in his attack. “Prince Harry poking his woke nose into the US election & effectively telling Americans to vote against President Trump is completely unacceptable behaviour for a member of the Royal Family,” Morgan said. Joe Little, managing editor of royal bible Majesty magazine, said it made no sense for Prince Harry to speak about US politics. “I think it is understandable that Meghan, as a US citizen, is doing what she is doing to encourage people to vote in the forthcoming election, but I question the wisdom of her husband doing likewise,” Mr Little said. “Harry is no longer a working member of the royal family but he remains a senior member of the royal family and with that comes responsibilities. It seems unlikely that he’d be making the remarks he’s been making were he still in the UK.” In the video, Harry said: “When the bad outweighs the good, for many, whether we realise it or not, it erodes our ability to have compassion and our ability to put our self in someone else’s shoes. “Because when one person buys into negativity online, the effects are felt exponentially. It’s time to not only reflect, but act” A source close to Harry insisted the Duke was not referring to Mr Trump nor any other individual. “The Duke was talking about the tone of debate in the run-up to an election which is already quite febrile,” the source said. “He is not talking about any candidate or specific campaign. He is building on a lot of stuff that he’s said before about online communities, how we engage with each other online, rather than specifically making any political points.” MEGHAN AND HARRY VIDEO ‘IRKS CRITICS’ Prince Harry and Meghan were criticised for using their Time 100 nomination to weigh in on the US election. Mr Trump’s former campaign manager Corey Lewandowski lashed out at the former royal couple after they recorded a video announcement urging Americans to register to vote and “reject hate speech.” “They made Britain great again by leaving, I hope they do the same for us,” Mr Lewandowski, now a senior 2020 adviser to the Trump campaign, said. The couple made their comments just weeks before the November 3 election, with Americans in some states already going to the polls. Royal insiders say that the Duke and Duchess of Sussex crossed a line when they filmed the message, effectively encouraging viewers to vote against Mr Trump. Prince Harry told voters to “reject hate speech and online negativity” while Markle referred to the upcoming US federal election as the “most important election of our lifetime.” As both a Brit and a member of the royal family who still holds the title Duke of Sussex, Harry shouldn’t be talking about America’s election at all, Morgan argued. Harry said: “As we approach this November, it’s vital that we reject hate speech, misinformation and online negativity. “When the bad outweighs the good, for many, whether we realise it or not, it erodes our ability to have compassion and our ability to put ourselves in someone else’s shoes.” “Because when one person buys into negativity online, the effects are felt exponentially. It’s time to not only reflect, but act”, said Harry. Many have seen this video message as a covert attempt by the royals to get their fans to vote Mr Trump out of office with the Twitterverse being divided about what side of history Prince Harry will find himself on. MEGHAN’S ‘COLD-CALL’ MOVE AMID LEGAL ROW It comes as US feminist Gloria Steinem revealed that the Duchess of Sussex had been ringing Americans, urging them to vote in the US election this November. Steinem told Access Hollywood that Meghan “came home to vote. The first thing we did, and why she came to see me, was we sat at the dining room table where I am right now and we cold-called voters”. “She said, ‘Hello I’m Meg’ and [I said] ‘Hello, I’m Gloria’ and ‘Are you going to vote?’ That was her initiative.” In August, Markle joined the feminist icon for a ‘backyard chat’ in which they discussed a range of issues, including voter suppression, women’s rights, and the importance of representation. Markle also spoke at her joy in seeing Kamala Harris named Democrat Joe Biden’s vice presidential pick, stating that the nomination was meaningful to her as a bi-racial woman. “I’m so excited to see that kind of representation,” she said. “You know, for me, being bi-racial, growing up, whether it was a doll or a person in office, you need to see someone who looks like you in some capacity. “As many of us believe, you can only be what you can see. And in the absence of that, how can you aspire to something greater than what you see in your own world? I think maybe now we’re starting to breakthrough in a different way.”