Duchess Meghan is not giving up her legal tussle with a British tabloid despite an early setback announced Friday.
Parts of Meghan's lawsuit against the publisher of the tabloid Daily Mail were deleted in a ruling issued in London, leaving her the loser in the opening legal bout but vowing to pursue her core complaints of copyright and privacy infringement.
"Massive setback," the Daily Mail said in its headline about the ruling by Justice Mark Warby, issued following a preliminary hearing in the case last Friday conducted via video conference due to the coronavirus pandemic lockdown still gripping Britain.
In a statement issued to USA TODAY by her London legal firm, Schillings, her team said the ruling makes clear her main allegation in her lawsuit she filed last fall – that the Mail on Sunday and the online Daily Mail published her 2018 private letter to her estranged father in violation of British law – remains and is winnable.
"The Duchess of Sussex’s rights were violated; the legal boundaries around privacy were crossed," the statement said. "As part of this process, the extremes to which The Mail on Sunday used distortive, manipulative, and dishonest tactics to target the Duchess of Sussex have been put on full display. "
But the judge's ruling struck out her claims of the tabloid's alleged dishonesty and malice, ruling that they are irrelevant to her lawsuit as a matter of law and precedent.
"I do not consider the allegations in question go to the 'heart' of the case, which at its core concerns the publication of five articles disclosing the words of, and information drawn from, the letter written by (Meghan) to her father in August in 2018," the ruling said.
This means Associated Newspapers, the publisher of the Mail, does not have to defend its journalism, tactics or intent, only whether it violated copyright and privacy law by publishing her letter to Thomas Markle, 75.
"These are not essential ingredients of (this lawsuit) but irrelevant to whether there is a valid claim," the ruling concluded. "(Meghan's) arguments that motive and state of mind are among the circumstances to be considered are contrary to (legal precedent)."
The ruling also said her allegation that the tabloid had maliciously tried to stir up conflict between the duchess and her father for headlines is "impermissibly vague and lacking in particulars."
There was no immediate statement from The Mail's lawyers, but the publisher has denied Meghan's allegations and vowed to vigorously defend itself at a trial.
Among other defenses, the publisher's legal team argued at the hearing last week Meghan intended for her letter to be published, citing her "immaculate handwriting"and a People magazine article they believe she orchestrated.
Because the ruling made clear that none of the deleted elements are required in order for Meghan to win her lawsuit, she will not be appealing the decision, her legal team's statement said.
In British civil cases, preliminary "strike out" hearings may be held to decide whether to narrow down the issues ahead of a trial, which is expected in this case to go forward in early 2021.
The Sussex lawyers praised the ruling for recognizing its similarities to the case brought by Meghan's father-in-law, Prince Charles, against Associated Newspapers after The Mail published extracts of the Prince of Wales’ private diaries. Associated Newspapers lost that case in 2006, but the damage to Charles' reputation remained.
British legal analysts have already predicted the same sort of Pyrrhic victory is possible in Meghan's case: She could win (because she controls the copyright of her letter as a matter of law) but still suffer damage to her reputation after a trial in which she would have to testify against her own father.
Such a trial would likely be a donnybrook, says media lawyer Mark Stephens of the Howard Kennedy firm in London, who has been following the case.
"Meghan vs. her father on the stand – it would be a journalistic boon to the Mail and all the rest of the media," Stephens says. "So a potential victory at a future trial for Meghan and the media will still win readers, viewers and clicks, with only the risk of reputational damage on Meghan."
The former Meghan Markle and Prince Harry, whom she married in May 2018 at Windsor Castle, have been at war with the tabloid media almost from the beginning of their relationship in 2016, accusing some publishers of increasingly hostile, dishonest and even racist coverage.
In the fall of 2019, both filed separate lawsuits against different tabloids; hers is the first to reach a preliminary hearing stage.
In January, after the couple announced they were stepping down from their roles as senior working royals and moving to North America (they and baby son Archie now live in Los Angeles where she was born and raised), the furor over the Sussexes reached a crescendo.
Last month, they sent letters to four tabloids declaring they would no longer have any contact with their journalists, which further fueled fury over their behavior and decisions.
Meghan, in quarantine with Harry and Archie in Los Angeles, grabbed headlines Wednesday by posting a video and a message of encouragement on the website of her London charity, Smart Works, which helps jobless women find employment.
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Duchess Meghan loses opening legal battle against British tabloid; she vows to press case - USA TODAY
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