Duchess of Sussex settles claim against photo agency over Canada park pictures

The Duchess of Sussex has settled a legal case against a paparazzi agency after it took pictures of a “private family outing in a remote rural setting” in Canada this year.

Mr Justice Nicklin, sitting in the High Court, heard a statement from the Duchess’s lawyer regarding privacy and data protection claims brought against Splash News and Picture Agency.

The “long lens” photographs of the Duchess and her son, Archie Mountbatten-Windsor, were taken while they were on a trip to a Canadian park in British Columbia in January, before the family relocated to Los Angeles.

The images showed the Duchess walking with her son in a baby sling, and her two dogs, in Horth Hill Regional Park on Vancouver island.

The news agency was subsequently sued by the Duchess in her own right and by her husband, the Duke of Sussex, on behalf of Archie.

On Friday, Jenny Afia, representing the claimants, said the couple had sued the agency for “misuse of private information and unlawful processing of personal data”.

She told a virtual hearing: “The Duke and Duchess’s case is that the taking of the photographs constituted an unlawful invasion of privacy and the syndication of the photographs to the press was a clear violation of their data protection rights.

“The Duke and Duchess’s case is that, when the photographs were taken, the Duchess and her son were on a private family outing in a remote rural setting and that there was no public interest in the photographs.”

A photographer from the agency had made a “full reconnaissance inspection” of the Duke and Duchess’s home the day before the photographs were taken, she told the court.

This saw him walk around the perimeter looking for exit and entry points and “putting his camera over the fence to take photographs".

Ms Afia said that on July 1, after the claim was issued and served, Splash UK was placed into administration.

She continued: “In the light of the administration, the parties have agreed to settle the claim against Splash UK. The administrators of Splash UK have undertaken that, should the entity come out of administration, Splash UK will not take any photographs of the Duke and Duchess and their son in the future.”

Neil Allen, of the administrators of Splash, said: “On behalf of Splash UK in administration, I accept all that Ms Afia has said.”

Following the hearing, a spokesman for Schillings, which represented the Duke and Duchess, said: “As explained in today’s hearing, the Duke and Duchess of Sussex have successfully settled a legal claim brought at the beginning of this year against the paparazzi agency Splash UK.

“This settlement is a clear signal that unlawful, invasive and intrusive paparazzi behaviour will not be tolerated and that the couple takes these matters seriously – just as any family would.

“A simultaneous and similar claim against Splash US, a sister company to Splash UK, continues to move forward in the British court system.”

A Splash spokesman said: “Splash confirms that one of its former companies, now in the hands of the administrators, has agreed that, should it begin trading again, it will not take unauthorised photographs of the family of the Duke and Duchess of Sussex.

"This agreement has no bearing on Splash as a whole, which continues to operate as normal.  As long as it is legal to do so, and that the privacy rights of children are protected, Splash will, of course, continue to take photographs of public figures in public. “