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June 13, 2018 02:01 PM

A 2013 Men’s Health video shoot featuring Meghan Markle is be used by lawyers appealing a ruling in France over topless photos taken of Kate Middleton in 2012.

The appeal involves the compensation awarded Prince William and Princess Kate after they brought a case against Closer magazine.

The Men’s Health video describes Meghan, 36, as “the ultimate guy’s girl” and is entitled “Grilling Never Looked So Hot with Meghan Markle.”

Closer published photos of Kate sunbathing while she and William vacationed in the south of France villa owned by royal relative Lord Snowdon in 2012. The magazine was ordered to pay $120,000 last year.

Meghan Markle
Toby Melville /WPA Pool/Getty Images

But Closer‘s lawyers in Paris say that an especially aggressive case was made against the magazine, “exaggerating” the damages. Often token amounts of around $150 are awarded for breach of privacy. The palace’s lawyers had asked for $1.6 million in damages.

Now The Daily Telegraph reports that Closer‘s legal team is expected to use the Men’s Health footage from 2013 — before Meghan met Harry and while she was starring on the USA legal drama Suits. They are expected to argue that female members of the royal family are “happy with sexy photos,” a source tells The Daily Telegraph.

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Kensington Palace had no comment on the latest developments, but when William and Kate won their legal case last year, the palace said, “The Duke and Duchess of Cambridge are pleased that the court has found in their favor, and the matter is now closed. This incident was a serious breach of privacy, and Their Royal Highnesses felt it essential to pursue all legal remedies. They wished to make the point strongly that this kind of unjustified intrusion should not happen.”

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