Meghan sues Associated Newspapers Ltd (ANL), publisher of Mail on Sunday and MailOnline, after published parts of a letter she wrote to her father Thomas Markle in August 2018.
Documents filed with the High Court by the ANL claim that Jason Knauf “and / or” the Kensington Palace communications team “contributed” to a draft document.
Mr Knauf was the Duke of Sussex’s Communications Secretary and held the same post with the Duc and Duchess of Cambridge.
He is now Managing Director of the William and Kate’s Royal Foundation.
Meghan is suing the publisher for misuse of its private information, violation of data protection law and violation of its copyrights.
The legal team of the ANL states in its document: “It is up to the claimant to prove that she was the only person who contributed to the drafting of the electronic project.
“Without prejudice to the generality of the foregoing, the Respondent infers that Jason Knauf and / or other members of the Kensington Palace Communications team contributed to the drafting of the electronic project. ”
The lawyers claim that the Duchess’s letter is not her “intellectual creation” and therefore not her original work, as it was copied from an electronic project, had input from the communications team and contained pre-existing facts, including Meghan’s perspective on her father and behavior, “and therefore was not subject to copyright protection.
Last month, the judge, Judge Warby, accepted Meghan’s request to postpone the trial date.
It was due to take place in January 2021 but was postponed to the fall for a “confidential reason”.
The court will hear a summary judgment application in January, when Meghan’s lawyers argue that ANL’s defense has no chance of succeeding in a trial.
Meghan is suing Associated Newspapers for five articles, two in the Mail on Sunday and three on MailOnline, which were published in February 2019.
ANL denies the allegations, especially the Duchess’s claim that the letter was altered in any way that changed its meaning, and says she will strongly contest the case.