London Daily

Focus on the big picture.
Saturday, Nov 15, 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

0:00
0:00
Close
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
×