The lawyer said damages for the breach of privacy could be as high as £300,000 but that the award for the infringement of copyright could far exceed that because the Duchess is entitled to seek “an account of profits” – that is any profit made by Associated Newspapers as a result of articles using her letter to her father.
A hearing would have to assess what profits were made by the publisher’s as a result but could potentially be huge.
In the year ending September 2019, covering the period when the letter was published in February, Associated Newspapers made a pre-tax profit of £59 million and after tax of £47 million. A court would have to decide the extent of the profits the newspaper and website made from publishing its articles on the letter.
One media law expert, who declined to be named, said the costs of the case were likely to be in the region of £5m.
A fairly large loss then……