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Harry and Meghan biography expected to be brought into Mail on Sunday privacy case
Telegraph understands that new biography 'Finding Freedom' set to be drawn into privacy action against newspaper
Hannah Furness, Royal Correspondent26 July 2020 • 8:00pm
The new biography of the Duke and Duchess of Sussex will be used as evidence against Meghan Markle in her legal claim against a tabloid newspaper for breach of her privacy, The Telegraph understands.
The Duchess is suing Associated Newspapers, the publisher of the Mail on Sunday, over its decision to publish parts of a handwritten letter she sent to her father, Thomas Markle, in August 2018, three months after her wedding.
The legal action returns to the High Court on Wednesday when the Duchess will try to keep anonymous the so-called "Five Friends" who briefed People magazine for an article in which the existence of the letter was first made public.
The Telegraph understands that the controversial new biography, "Finding Freedom", is likely to be drawn into the privacy action against the Mail on Sunday over whether the Duchess's friends, aides and public relations team spoke to the authors or acted on her behalf.
In the court case against the Mail on Sunday, Meghan has denied that she gave the green light to the "Five Friends" to speak to People magazine. But her case would be potentially undermined if the Mail on Sunday could show that the new biography was based on information provided by well-placed sources with the couple's consent.
In a statement, Prince Harry and his wife, who now live in California, have tried to distance themselves from the book.
A spokesman has insisted the couple "were not interviewed and did not contribute to 'Finding Freedom'", adding: "The book is based on the authors' own experiences as members of the royal press corps and their own independent reporting."
Harry and Meghan have tried to distance themselves from the book Credit: Samir Hussein
A source close to the Sussexes said on Sunday that Meghan "was fighting the Mail on Sunday very vigorously" and "didn't even know the People magazine article was going ahead, let alone the specifics". The source said the claims in the book also "are not coming from the couple".
But royal watchers, as well as media lawyers, will be intrigued by levels of detail raised in the book, written by Omid Scobie, a British journalist said to be close to Meghan's inner circle, and American television journalist Carolyn Durand.
Among extracts published in a Sunday newspaper, the book disclosed intimate details of Meghan's final attempt to contact her father on the eve of her wedding. It reads: "Sitting in a bath later that night, FaceTiming with a friend, the bride-to-be said she had left her dad a final message, adding: 'I can't sit up all night just pressing send'."
According to The Sunday Times, the book also claims to know Meghan's "perfect pose" in a yoga position after discussing marriage with the Duke while on holiday in Africa; the expression on Archie's face when he was born; the previously undisclosed name of the couple's labrador, which has been kept a closely-guarded secret; and "sensitive conversations with members of the royal family".
Mark Stephens, a leading media lawyer and partner at Howard Kennedy solicitors, said: "I think this book is really interesting. The Mail on Sunday lawyers will look to introduce this book as similar fact evidence.
"Private briefings and curation of her reputation is going on through anonymous spokespeople and friends and the allegation with regards the People magazine article is that five of Meghan's friends – she says without her knowledge – spoke about matters that were confidential, including the letter."
The Mail on Sunday is arguing that the duchess did not expect the letter to her father to remain private, anticipated that it would be published, and that publication was in the public interest.
The newspaper is keen to point out that Mr Markle was in possession of the letter for some time before making it available to the newspaper only after he was angered by references to it in the People magazine article.
In a newspaper interview to publicise the book, Mr Scobie said when asked about the level of access, if any, that was granted to him: "The book doesn't claim to have any interviews with Harry and Meghan. And nor do we."
When then asked whether there had been an "off-the-record" discussion, he said: "You've read the book. There's no on-the-record interviews with the couple."
Asked again, he replied: "No, and I think that you can tell from the reporting, my time around the couple is enough for me to know my subjects."
