The duchess is suing for breach of privacy after the paper published extracts of a letter she wrote to her father Thomas Markle. In the letter, Meghan, 39, complained about Mr Markle’s behaviour before and after her wedding to Prince Harry in 2018.
Later this month, her lawyers are set to urge a judge to settle the case quickly with a summary judgment, it was reported yesterday.
It was claimed there is no need for more evidence or live testimony from witnesses.
But if Mr Justice Warby dismisses the argument, the case could go to a potentially explosive trial unless the duchess backs down.
Senior courtiers hope the Sussexes will find a way to withdraw from the action if there is no summary judgment.
The hearing is already being billed as “Markle versus Markle” with the extraordinary possibility that Prince Harry, 36, will meet his father-in-law for the first time across a courtroom.
Senior royal aides are said to be appalled at the prospect of a public hearing attended by media from around the world.
It is possible senior courtiers, both past and present, could be called to give evidence.
One royal source was quoted as saying: “A trial would be traumatic for Meghan and Harry.
“It will expose Palace operations, members of staff would be dragged into it on the witness stands. It would be deeply uncomfortable for the institution.”
Another source added: “It could be hugely embarrassing.”
Documents filed by Meghan’s lawyers last November stated that she wrote to her father in August 2018 following advice from two senior royals identified in some reports as Prince Charles and his wife Camilla.
The possibility that the heir to the throne may become involved in the case has increased alarm among royal aides.
The action, against the Mail on Sunday, was launched in October 2019.
At the time, Prince Harry claimed some sections of the British press had waged a “ruthless campaign” against his wife.
Lawyers for the newspaper’s publishers have declared they will robustly defend the action and will rely on evidence from Mr Markle.
He has been quoted as saying: “I’ll see Meghan in court.”
However, the 76-year-old is not in the best of health and is said to want an end to the matter as soon as possible.
The couple officially stood down from carrying out royal duties in March last year.
