Britain's Catherine, Duchess of Cambridge and Prince Harry's fiancee Meghan Markle
Britain's Catherine, Duchess of Cambridge and Prince Harry's fiancee Meghan Markle attend the first annual Royal Foundation Forum held at Aviva in London, February 28, 2018. Reuters/Chris Jackson/Pool

Meghan Markle’s provocative video shoot from years back is reportedly going to be used by French lawyers to argue that the £92,000 (AU$162,716) in damages awarded to Kate Middleton for her topless photos was too high.

According to the Telegraph, the lawyers for the French magazine Closer are appealing against the compensation ordered by the court last year for publishing the photos of the unsuspecting Duchess of Cambridge while she was topless during a public holiday with Prince William. They will apparently argue that it is “hypocritical” to award such a large amount to the British royals when other members of their family “are happy with sexy photos.”

Closer lawyer Paul-Albert Iweins allegedly argued in the appeal that although the court’s decision was “consistent with the case law,” the amount for the damages were “exaggerated for a simple matter of privacy.” In France, breaches of privacy often amount to £100 (AU$177) in damages.

The legal team are expected to refer to Meghan’s video shoot for Men’s Health magazine in 2013 before she started dating Prince Harry. The video was called “Grilling Never Looked So Hot” and had the now-Duchess of Sussex removing items of clothing. Markle wore shorts and tummy-baring tops, with one outfit revealing her brassiere. She also posed seductively in the video.

Sources told the Telegraph that the Closer legal team might even include other photographs of Meghan, including those that show her topless on a beach. All the images were taken before she became a duchess and are available online. Apparently, because a female member of the royal family has willingly posed for revealing images before, then the £92,000 damage awarded to Kate was too much.

“They’re happy with sexy photos when they’re in control, but then demand huge amounts in compensation when the pictures are unauthorised,” a legal source told the publication. “This is unwarranted and frankly hypocritical.”

The Duchess of Cambridge vs Closer

It can be recalled that in September 2012, Closer and Italian gossip magazine Chi published photos of Kate wearing a bikini bottom and nothing else, which were taken a far distance from the private resort Chateau d’Autet, without the duchess’ knowledge or consent. Kate and William filed a criminal complaint with the French prosecution department and launched a claim for civil damages. The court ordered Closer to pay for damages, which were awarded in September.