So I'm just trying to clarify the crux of this case. I know there a lot of other elements to the case, some of which have now been struck out but fundamentally is this right?
MM, as the author of the letter owns, its copyright. She therefore claims her copyright and privacy been breached when it was published by the MOS.
However the MOS are countering this by arguing that MM had every expectation that the letter would be made public and in fact sanctioned the actions of friends in giving an interview to People Magazine that referred to the contents of the letter to demonstrate that MM had acted lovingly/kindly towards her father and thus put her in a good light and conversely her father in a negative one.
It was only after this that her father gave the letter to the MOS in order to set the record straight as proof that communications between them were not how her friends had portrayed them.
As such the MOS argue not only was MM complicit in making some of the content (to her advantage) public, but exposing this was now in the public interest because the PR from MM's inner circle was unfair and unbalanced.
MM counters the above by saying she had no knowledge of the interview/article with People Magazine and did not sanction her friends to reveal the contents of the letter - thus did not breech her own privacy and had a reasonable expectation the letter would remain private.
So fundamentally crux of the cases is did MM sanction the interview?
If she did and her friends take the stand they would have to commit perjury.
If (as based in the US) they don't provide testimony whilst the MOS can't prove MM did sanction the interview, fundamentally they don't have to because as the person brining the case it's up to MM to prove that didn't - which she can't do if her friends don't testify.
This suggests she's playing a very dangerous game if she did sanction the interview and even if she didn't her case is going to rely on putting her close friends in a difficult position as they will have to state publicly that they betrayed her trust by speaking to the People without her consent.
Have I missed anything?