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Royal lawyers sue over pictures of Kate Middleton playing tennis
Martin Bentham, Home Affairs Editor13 Jan 2010
The Queen's lawyers are taking legal action over photos of Prince William's girlfriend Kate Middleton playing tennis, in a new privacy clampdown.
The lawsuit follows the publication in Germany of pictures of Ms Middleton taken as she enjoyed a Christmas Day game at Restormel Manor, Cornwall.
It comes weeks after Buckingham Palace warned the media to respect the privacy of the royal family.
Now London law firm Harbottle & Lewis, which acts for the Queen and Prince Charles, has issued a warning to the photographer who took the picture and the agency, Rex Features, which distributed the image. It is understood to demand damages from Rex and the photographer for invading Ms Middleton's privacy, and to call for the pictures to be withdrawn from circulation.
Harbottle & Lewis warned that legal proceedings would begin if it did not receive a satisfactory response, and that counsel had been instructed to prepare a court case.
The courts at Restormel Manor are owned by Prince Charles's Duchy of Cornwall but can be hired by the public. One source claimed Ms Middleton, 28, appeared unperturbed about having her picture taken, and the photographer was standing on a public footpath that looked on to the tennis court.
But the pictures were not published in this country when they were offered to British newspapers, as media organisations responded to a Buckingham Palace request for privacy over the Christmas period. They did, however, appear in Germany, where similar constraints do not apply.
The precise grounds of the legal action remain unclear. But human rights law, which provides individuals with the right to a private life, has led to increasing pressure on the media.
In one recent case, two newspapers apologised to England football manager Fabio Capello and made donations to charity after he protested to the Press Complaints Commission over publication of pictures of him and his wife enjoying a "mudbath" on a Spanish beach. There is thought to be continuing concern in royal circles about the potential impact of paparazzi harassment, with Prince William said to have been incensed about past hounding of himself and Ms Middleton.
Recent reports claimed a tougher approach towards intrusion is being implemented in response, although Buckingham Palace insists the letter sent to the media before Christmas was just a reiteration of earlier requests.
Neither Rex Features nor the photographer were available for comment. A spokesman for Clarence House, which represents Prince Charles and his sons, said Ms Middleton was a private individual for whom it was unable to speak.
Reader views (30)
William is making a big mistake by being involved with Kate M. Her family are commoners and she ensnared him by strutting on a runway in a see through outfit with her knickers showing. Very tacky. She has the type of face that will not age well. What is he thinking? Nothing but trouble will come of this.
- Luise, Richmond, Va. USA, 26/08/2010 21:15
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It is a mockery of freedom of expression,etc. for the royals, of all people, to act indignant or complain about ANYONE photographing them or their girlfriends or anyone or anything associated with them They are un-elected morons in the first place. Not all British people like or respect the monarchy, which is an archaic, useless entity at best ! A public referendum on whether we still want them around would be the right , timely thing to do !
fanta
- fanta, Cardiff uk, 27/05/2010 12:30
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It is a mockery of freedom of expression,etc. for the royals, of all people, to act indignant or complain about ANYONE photographing them or their girlfriends or anyone or anything associated with them They are un-elected morons in the first place. Not all British people like or respect the monarchy, which is an archaic, useless entity at best ! A public referendum on whether we still want them around would be the right , timely thing to do !
fanta
- fanta, Cardiff uk, 27/05/2010 12:29
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I think that William will eventually tire of this very dull female. But how will he duck out without damaging his image?
- Sandy, Ealing, London, 14/01/2010 11:02
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what's wrong with some of you clowns?
she is engaged in a relationship with a very high profile royal. a number seem to Be talking about a distinction without a difference (that's she's not yet royal) which is only pandering to the sort of loophole chicanery favoured by the tabloid gutter press.
only her royal connections make newsworthy, so its only the royal bit that interests the paparazzi.
why shouldn't she want to protect her privacy, its only going to get worse if they do marry.
- Scotty, London, 14/01/2010 10:17
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Kate is playing a dangerous game here.
- Kerry, Australia, 14/01/2010 09:40
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If you are visible from a public area you should be 'fair game' to be photographed. Stalking is NOT legal, but if you can be seen from a public area, sidewalk, park, tennis court etc. regardless of where YOU are, that is OK. A Man in NY was recently arrested for public indecency because he could be seen in the Nude--IN HIS HOUSE--from the pavement. Police said he was an exhibitionist and arrested him??
- Retiredscotsman, Illinois, USA, 14/01/2010 07:28
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Waity Kate needs to get grow up and get a real job.
She's a terrible example. Not many I know will have any respect for her.
- Harris, Camden town, UK, 14/01/2010 02:00
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This girl is just seeking more attention and controversy by filing this lawsuit. She is also trying to intimidate.... Kate Middleton was already lacking a work ethic. This girl is SO PATHETIC! 
- Chris, USA, 14/01/2010 00:43
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Agree. How convenient she uses the Queen's lawyers!!! It makes me wonder how domineering she will be when she actually becomes royalty. She has a lot of nerve to file suit against these photographers!!!
- Pat, USA, 14/01/2010 00:31
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Hey you lot. Learn the difference between private and public space, stop pushing your privacy into others ears on your mobile phones and thinking that privacy doesn't matter. It does.
Photograph these people at work as Royals and Royal consorts (ritual, culture, all that) by all means and get the photographic evidence of all misdemeanours (like murdering protected creatures). It is not PC to put a goldfish in a bowl so why do it to a human. Give them SOME PRIVACY. What is it with people who begrudge them that?
Why do we as people actually NEED to see Kate Middleton playing tennis or walking in the street shopping? What is that about?
- Tallulah, Hove, UK, 13/01/2010 20:32
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Firstly, the pictures were published in Germany, so it would appear the legal action should be taken there, as Princess Caroline of Monaco did some years ago when pictures of her were taken on a street and published.
Her action helped set the precedent for the law of privacy as we now know it, for Germany is also a signatory to The European Convention which established human rights law, including a privacy law, in Europe. So, to say similar constraints do not apply in Germany appears to be wrong.
Most of the comments indicate confusion over the new privacy law that is developing. Legally, because Kate is a private citizen she is actually allowed more protection under the law. However, because she is also acknowledged as Prince William's girlfriend, who may become his wife, that makes her a bit of a public figure, thereby allowing her less access to the privacy law. That was part of the legal argument about the Max Mosley case. The News of the World argued that he was a public figure and lost the argument. He said he was not and won. There was also the complication of what they were filming him doing and where. It was a bit more private than playing tennis.
Nevertheless, what the Royal Family lawyers said before Christmas is that when they are going about their private business they are entitled to their privacy. This is not a certainty under the law and would have to be ruled on by a Judge or jury. It comes down to what the public has a right to know.
- Elaine Decoulos, London and Massachusetts, 13/01/2010 19:47
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I am so sick of the Middletons!
I doubt many people saw the pics.
IMO Kate just wants attention.
- Lisa, SOMEWHERE NICE, 13/01/2010 19:39
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This is another worrying development in the restriction of press freedom. The photographer was on public land and was not trepassing. The tennis players did not look remotely annoyed to be photographed and seemed to be "playing to the gallery". And who told the press where to find them? I find it hard to believe that a pap was wondering around deepest Cornwall in the middle of winter on the off-chance of finding the Middletons playing tennis! The Middletons have used the media when it suits their aims, but call wolf when they're not manipulating the situations. They and their solicitors should stop treating the general public like mugs - we're not that stupid! The preferential treatment being given to someone who is not a member of the Royal Family is nauseating. If Kate can't get used to life in a goldfish bowl, then I suggest she stops dating Prince William and find a less high-profile boyfriend.
- Sue, London, 13/01/2010 19:04
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Kate Middleton's family retain the lawyers at Harbottle and Lewis. The Royal Family also use the same law firm. So the Middletons and not the Royal Family I'm assuming are paying for this. The photographs were taken without the families consent on Christmas day. She isn't Royal as Beggars Belief pointed out above and therefore shouldn't be hounded by the paps and photographed without consesnt. Parker you have a good point they should make her a member of the royal family and stop all of this nonsense...
- Jj, San Diego, 13/01/2010 17:52
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She is not "royalty" yet.
- Michael, London, UK, 13/01/2010 17:51
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What a waste of someone's money. On a day when about 100,000 die in Haiti this kind of preciousness is rather highlighted.
- Stephen C, London, 13/01/2010 17:18
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Kate Middleton's privacy should be respected and the fact that she is being represnted by a legal team that represents the royals should tell everyone that although she's not an official member of the royal family yet, they do see her as a very important person in William's life.
- Michael, Indiana, IL, 13/01/2010 17:18
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Kate is not a member of the royal family, no matter how much she and her meddling mother may like to think so. Kate has never had a problem posing and smiling like a hyena for the press before. The Middletons only complain when their PR stunts don't work. If William had been in those photos you could bet the Middletons would have NO problem with it. Looks to me like someone is upset that there was proof that she wasn't with the royals for Christmas.
- Aurelia, Cincinnati, USA, 13/01/2010 16:59
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I am surprised anyone would want to take a photo of this dreary woman.
- Joanna, London, UK, 13/01/2010 16:55
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I hope the Royals are paying the lawyers their self,or is the taxpayer expected to pick up this tab.
- Dave, london, 13/01/2010 16:43
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Some bird playing tennis, I must be missing out on something.
- Alex., brighton, 13/01/2010 16:31
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If your on public property I don't see what the problem is. If your on private property they should leave you alone. If you are not Royalty then members of the Royal family should not get involved. They want to give Ms. Middleton royal privledges without making her member of the Royal family which makes no sense. Then again the Royal Family has made no sense for a long time now. I wish the media would stop covering them and their waity girlfriends altogether.
- Parker, Londontown, 13/01/2010 16:28
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This kind of nonsense infuriates me! Kate Middleton does her level best to court publicity throughout the year - falling out of clubs, and partying at Movida etc. Now, suddenly,the press are being asked to respect her privacy. BUT SHE IS NOT A ROYAL - merely the girlfriend of one. I hope my heard earned money is not going towards paying for the legal action! Complete nonsense. The Queen should really know better.
- Maya - London, London, 13/01/2010 16:24
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This girl really needs to get over herself. Invasion of privacy! Get a life! She is nothing but an attention seeker.
- Sam, London, 13/01/2010 16:07
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"respect the privacy of the royal family."
HOw is GOD's name is Kate part of the royal family,
Get your own lawyers Kate!
- Subterfuge, Servants Quarters, Buckingham Palace, 13/01/2010 15:36
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Unless there was an actual member of the royal family in the photos, I don't understand the legal action being pursued. After all, she's still only Prince William's girlfriend, therefore just part of joe public, and on public tennis courts. I don't see the reason for all the fuss, personally
- Beggars Belief, somewhere over the rainbow, 13/01/2010 15:16
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what a WASTE of MONey but nothing new for the miDDLETONS!
- Kate, sOMEWHERE FAR FROM kATE!, 13/01/2010 15:11
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For crying out loud, what´s all the fuss about? The girl was playing tennis, not taking a shower! The photograhs were taken from a nearby public footbath, not through a peephole in the bedroom wall! It falls a long way short of what I would call "invasion of privacy". Who is instructing the lawyers in this matter, Kate Middleton? If she can´t handle publicity now, how´s she going to handle it when/if she becomes Queen Consort?
- Graham Rodhouse, Helmond, Netherlands, 13/01/2010 15:01
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Kate Middleton is not royalty, she merely has sex with one, so why is she being represented by "Harbottle & Lewis, which acts for the Queen and Prince Charles"? Did I miss a wedding or something? She is no more entitled to this sort of access to legal intimidation than any other citizen. If my privacy is disturbed, will Harbottle & Lewis represent me to censor the press?
EDITED by admin @ 16.10 on January 13 2009
Breach of community guidelines - spirit/tone
- Kate, London, 13/01/2010 14:42
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