(I no longer have the statements of case or evidence filed in the proceedings, so this is an overview, but it went like this…)
In summer 2020, after Finding Freedom was published, ANL added a new defence to its case - an allegation that the Duchess had given the authors a copy of her letter to her father so they could write about it, and an allegation that the level of personal details contained in the book showed that the Duchess must have collaborated with it. They claimed this impacted the reasonable expectations of privacy she would have.
Meghan’s statements of case (her Re-Amended Reply) were updated to assert that she had no involvement with the book, and that if any of her communications team had been in contact with the authors, she knew nothing about it. This pleading was supported by a statement of truth.
Omid Scobie filed a witness statement on 16 September 2020 in which he said that any suggestion that the Duke or Duchess had collaborated on Finding Freedom was false.
Jenny Afia, partner at Schillings and Meghan’s solicitor, then filed a witness statement on the same day in which she set out a long list of alleged “mistakes” in Finding Freedom which she concluded showed there was no collusion between the Duke or Duchess and the authors.
Schillings had also made a public statement about the allegations that Meghan had been involved in Finding Freedom in which Jenny Afia was quoted as saying that ANL’s allegations that Meghan had helped Scobie were false, fantastical, and a conspiracy theory.
Jason Knauf’s witness statement then showed clearly that Meghan and he had talked at length about the book, she and Harry had authorised him to speak to Omid Scobie, and she had drafted lengthy notes for him to hand over. It also showed she and Harry saw it as important that they be able to say that they had nothing to do with it. Omid certainly must have remembered this when he gave his witness statement, Meghan also must have remembered this when she signed her statement of truth and instructed her lawyer to file her witness statement, and issue the public statement on her behalf. I’m assuming Jenny Afia must have been told by Meghan that the statements in those documents were true? I’d hope so, in any event…
Warby J neatly sidestepped the whole issue and said nothing at all about the Finding Freedom evidence, as it was irrelevant to the basis on which he determined the Duchess was entitled to summary judgment. It was the Court of Appeal, when considering ANL’s application for permission to appeal who picked up on and commented on the fact that the Duchess had, at best, misled the court on this issue. By this stage the actions of her solicitor were old news.