In his defense, the Mail on Sunday will depend on the evidence of Meghan's separated father, according to legal documents filed Tuesday by the Associated Newspapers and seen by The Washington Post. If the case comes to trial, that increases the possibility that both Meghan and Thomas Markle will be called to testify.
Markle's daughter, Samantha, Meghan's half sister, told the BBC on Wednesday: "If they call him, he will come."
Meghan and her husband, Prince Harry, are, of course, involved in a separate family drama, while seeking to "withdraw" from their royal duties. After an emergency family summit on Monday, Queen Isabel said Monday that she had agreed to a "transition period," during which her grandson and wife would divide their time between Canada and Britain. But he warned that there were "complex issues for the family to decide."
Meghan has been to Canada and was seen Tuesday at the Women's Center in East Vancouver, which posted a photo on Facebook with the title "Look who we have tea with today!"
Meghan and Harry have complained about the intrusion of the press, especially by British tabloids, and it is believed that their sense of abuse by the media contributed to their decision to redefine their roles and spend time outside the United Kingdom. In an ITV documentary aired in October, Meghan said his British friends had warned him before marrying Harry: "British tabloids will destroy your life."
That same month, the law firm Schillings filed a claim on its behalf at the High Court in London, alleging that the publication of excerpts from a handwritten letter that he wrote to his father in Mail on Sunday constituted a violation of copyright and An invasion of privacy.
The newspaper's defense includes the suggestion that Meghan had effectively violated her copyright by allowing her friends to inform People magazine. In February, People spoke with five unidentified friends of Meghan for a cover story: "Meghan Markle's best friends break her silence: & # 39; We want to tell the truth & # 39;". One of the friends acknowledged the existence of the letter that Meghan wrote to his father. .
The legal documents presented at the London Supreme Court state that Markle "had the right to tell his version of what had happened between him and his daughter, including the content of the letter." The documents state that his father had the right to answer a partial and / or misleading account given in the People interview. "
The legal defense of the newspaper states that members of the royal family "generate and rely on publicity about themselves and their lives to maintain the privileged positions they have and to promote themselves."
They are taking parallel to a 2006 case that involves the publication of excerpts from Prince Charles's private magazines. The Mail on Sunday lost that case.
Mark Stephens, a lawyer specializing in media law, assessed that Meghan could probably win this one, but wondered if he could eventually leave it.
"I think they are likely to win part or all of this case, but at what cost?" He asked. "If a customer wins but his reputation is damaged by the interrogation, is it worth having a victory?"
Stephens said his position was stronger in the copyright claim.
"She has the absolute right to say: she can use my copyright, or she can't use my copyright," he said. "Now, the newspaper could say that they have the right to reproduce a fair share of that, but I think they have exceeded what they needed."
The issue of privacy was less clear, Stephens said. The position of the Mail on Sunday, he said, "was that Meghan had authorized briefings of other people, and that Thomas Markle had the right to clarify things. She could have more problems here.
Harry and Meghan have said they are financing the legal case in private and that the proceeds will be donated to a charity against bullying.