Beautiful Virgin Islands

Thursday, Oct 30, 2025

Judge acted unlawfully over hearing on Prince Philip’s will, court told

Judge acted unlawfully over hearing on Prince Philip’s will, court told

The Guardian is attempting to overturn decision that prevented media from attending hearing
A leading judge acted unlawfully by authorising a secret court hearing in which he decided that Prince Philip’s will should be kept secret without notifying the media, an appeal court has heard.

On Wednesday the Guardian opened its legal case to overturn the decision that prevented media from attending the hearing, arguing that it was a serious interference with the principle of open justice.

Sir Andrew McFarlane, the president of the family division of the high court, ordered the sealing of Philip’s will for 90 years last September after a secret hearing in which he approved a confidential application from lawyers representing the royal family. The Queen’s husband died at the age of 99 in April 2021.

In a practice dating from 1911, high court judges have approved the closure of the wills of 33 members of the royal family after similarly secret court hearings and applications from the Windsors’ lawyers. The judiciary has never refused such a request from members of the Windsor family.

The rulings meant that these members of the royal family, some of them distant relatives, have been exempted from a law stipulating that the wills of British people are ordinarily open to being inspected.

At the start of the hearing, Caoilfhionn Gallagher QC, for the Guardian, said it was wrong that the media had not been notified about the hearing to close Philip’s will and were therefore unable to attend or making submissions in favour of open justice.

She said: “This was an entirely private, closed hearing, without access by accredited journalists or any other form of external scrutiny. An entirely private hearing such as this is the most serious interference with open justice.

“It is an exceptional step that requires exceptional justification. In this case, [McFarlane] decided to take such an exceptional step without even inviting or permitting members of the media to make submissions about whether such a procedure was fair or justified.”

The legal challenge is opposed by lawyers for the royal family and the attorney general, both of whom made confidential submissions last year to keep secret Philip’s will and exclude the media from the original hearing.

Last September McFarlane ruled that it was justified to exempt senior royals from the general rule requiring the publication of wills. “It is necessary to enhance the protection afforded to the private lives of this unique group of individuals, in order to protect the dignity and standing of the public role of the sovereign and other close members of her family,” he decided.

McFarlane had also decided that it was right that the attorney general had represented the public interest in the private hearing.

Lawyers representing the executors of Philip’s will and the attorney general argue that McFarlane acted properly, submitting that the media had no right to attend the hearing.

In a written submission, James Eadie QC, for the attorney general, said the context in which the application to seal the will was made was “exceptional”, adding: “Prince Philip was a senior member of the royal family as consort to H[er] M[ajesty] the Queen. His death had occurred only a few months earlier.”

He added that the practice of sealing wills such as Philip’s was part of a “consistent and longstanding” convention over more than a century.

He rejected the Guardian’s argument that McFarlane acted wrongly when he allowed the attorney general to represent the public interest. Eadie said: “The attorney has a proper, well-established, non-political role as the independent guardian of the public interest in the administration of justice.”

Jonathan Crow QC, for Farrers, Philip’s executors, described the challenge as “an utterly barren procedural appeal” and said the attorney general was “the only person entitled to come to court to address the public interest”. He said the media had no legally enforceable right to be heard in cases in which they were not parties.

“Accordingly it cannot be said that [McFarlane] made an error of law purely and simply because no media representatives were heard before a decision was taken to hear the matter in private,” he said.

The hearing, which is being heard by Sir Geoffrey Vos, master of the rolls, Dame Victoria Sharp, president of the Queen’s bench division, and Lady Justice King, continues.

On Monday the Guardian reported that the secrecy prevented the public from seeing how assets worth at least £187m at today’s prices, which were outlined in the 33 closed wills, were distributed.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
UK and Vietnam Sign Landmark Migration Deal to Fast-Track Returns of Irregular Arrivals
UK Drug-Pricing Overhaul Essential for Life-Sciences Ambition, Says GSK Chief
Princesses Beatrice and Eugenie Temporarily Leave the UK Amid Their Parents’ Royal Fallout
UK Weighs Early End to Oil and Gas Windfall Tax as Reeves Seeks Investment Commitments
UK Retail Inflation Slows as Shop Prices Fall for First Time Since Spring
Next Raises Full-Year Profit Guidance After Strong Third-Quarter Performance
Reform UK’s Lee Anderson Admits to 'Gaming' Benefits System While Advocating Crackdown
United States and South Korea Conclude Major Trade Accord Worth $350 Billion
Hurricane Melissa Strikes Cuba After Devastating Jamaica With Record Winds
Vice President Vance to Headline Turning Point USA Campus Event at Ole Miss
U.S. Targets Maritime Narco-Routes While Border Pressure to Mexico Remains Limited
Bill Gates at 70: “I Have a Real Fear of Artificial Intelligence – and Also Regret”
Elon Musk Unveils Grokipedia: An AI-Driven Alternative to Wikipedia
Saudi Arabia Unveils Vision for First-Ever "Sky Stadium" Suspended Over Desert Floor
Amazon Announces 14 000 Corporate Job Cuts as AI Investment Accelerates
UK Shop Prices Fall for First Time Since March, Food Leads the Decline
London Stock Exchange Group ADR (LNSTY) Earns Zacks Rank #1 Upgrade on Rising Earnings Outlook
Soap legend Tony Adams, long-time star of Crossroads, dies at 84
Rachel Reeves Signals Tax Increases Ahead of November Budget Amid £20-50 Billion Fiscal Gap
NatWest Past Gains of 314% Spotlight Opportunity — But Some Key Risks Remain
UK Launches ‘Golden Age’ of Nuclear with £38 Billion Sizewell C Approval
UK Announces £1.08 Billion Budget for Offshore Wind Auction to Boost 2030 Capacity
UK Seeks Steel Alliance with EU and US to Counter China’s Over-Capacity
UK Struggles to Balance China as Both Strategic Threat and Valued Trading Partner
Argentina’s Markets Surge as Milei’s Party Secures Major Win
British Journalist Sami Hamdi Detained by U.S. Authorities After Visa Revocation Amid Israel-Gaza Commentary
King Charles Unveils UK’s First LGBT+ Armed Forces Memorial at National Memorial Arboretum
At ninety-two and re-elected: Paul Biya secures eighth term in Cameroon amid unrest
Racist Incidents Against UK Nurses Surge by 55%
UK Chancellor Rachel Reeves Cites Shared Concerns With Trump Administration as Foundation for Early US-UK Trade Deal
Essentra plc: A Closer Look at a UK ‘Penny Stock’ Opportunity Amid Market Weakness
U.S. and China Near Deal to Avert Rare-Earth Export Controls Ahead of Trump-Xi Summit
Justin time: Justin Herbert Shields Madison Beer with Impressive Reflex at Lakers Game
Russia’s President Putin Declares Burevestnik Nuclear Cruise Missile Ready for Deployment
Giuffre’s Memoir Alleges Maxwell Claimed Sexual Act with Clooney
House Republicans Move to Strip NYC Mayoral Front-Runner Zohran Mamdani of U.S. Citizenship
Record-High Spoiled Ballots Signal Voter Discontent in Ireland’s 2025 Presidential Election
Philippines’ Taal Volcano Erupts Overnight with 2.4 km Ash Plume
Albania’s Virtual AI 'Minister' Diella Set to 'Birth' Eighty-Three Digital Assistants for MPs
Tesla Unveils Vision for Optimus V3 as ‘Biggest Product of All Time’, Including Surgical Capabilities
Francis Ford Coppola Auctions Luxury Watches After Self-Financed Film Flop
Convicted Sex Offender Mistakenly Freed by UK Prison Service Arrested in London
United States and China Begin Constructive Trade Negotiations Ahead of Trump–Xi Summit
U.S. Treasury Sanctions Colombia’s President Gustavo Petro over Drug-Trafficking Allegations
Miss USA Crowns Nebraska’s Audrey Eckert Amid Leadership Overhaul
‘I Am Not Done’: Kamala Harris Signals Possible 2028 White House Run
NBA Faces Integrity Crisis After Mass Arrests in Gambling Scandal
Swift Heist at the Louvre Sees Eight French Crown Jewels Stolen in Under Seven Minutes
U.S. Halts Trade Talks with Canada After Ontario Ad Using Reagan Voice Triggers Diplomatic Fallout
Microsoft AI CEO: ‘We’re making an AI that you can trust your kids to use’ — but can Microsoft rebuild its own trust before fixing the industry’s?
×