London Daily

Focus on the big picture.
Saturday, Oct 31, 2026

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
Department for Science, Innovation and Technology Prepares Enhanced Artificial Intelligence Safety and Cyber Defense Frameworks
United Kingdom Government Expands International Sanctions Framework Against Russian Shadow Fleet and Financial Enablers
Institute of Directors Reports Sharp Post-Budget Drop in Business Confidence Despite Long-Term Investment Intention Shifts
Chancellor John Healey Defends Sweeping Fiscal Adjustments and Household Support Packages Following Autumn Budget
Parliamentary Petitions Committee Schedules Major Legislative Debates on Special Educational Needs and Non-Stun Meat Labelling
Regional Devolution and Good Growth Fund Frameworks Reshape Local Government Funding Across English Regions
Loughborough University Economic Analysts Highlight Substantial Uncertainty Surrounding Public Sector Efficiency Savings
British Legal Sector Drives Sixty Billion Pounds in Annual Economic Output While Employing Over Half a Million Professionals
Law Society Welcomes New Better Regulation Executive While Pressing for Long-Term Legal Aid Funding Reform
Metropolitan Police and Security Services Heighten Operations Across London Ahead of Large-Scale Public Demonstrations
Bank of England Economists Scrutinize Corporate Tax Adjustments and Public Sector Borrowing Pressures
Chancellor John Healey Defends Autumn Budget Tax and Spending Allocations Following Intense Parliamentary Scrutiny
Department for Environment, Food and Rural Affairs Implements Strict Water Quality Monitoring Rules Following Severe Rainfall and Flooding
Welsh Government Unveils Comprehensive Regional Housing Strategy to Address Rural Affordability and Homelessness Pressures in Cardiff
Office for National Statistics Reports Slowing Consumer Price Inflation and Steady Retail Performance Across United Kingdom Markets
Northern Ireland First Minister Michelle O'Neill and Deputy First Minister Emma Little-Pengelly Advance Cross-Border Infrastructure Agreement in Belfast
Competition and Markets Authority Launches Formal Investigation Into Artificial Intelligence Partnerships Involving Major Technology Corporations
Scottish First Minister John Swinney Secures Cross-Party Support for Devolved Budget Framework and Renewable Energy Expansion
High Court Rules in Favor of Environmental Campaigners Over Department for Energy Security and Net Zero Licensing Procedures
National Health Service England Announces Major Digital Modernization and Artificial Intelligence Diagnostic Rollout Across Regional Trusts
Bank of England Monetary Policy Committee Signals Cautious Approach to Interest Rate Cuts Amid Persistent Wage Growth and Inflation Pressures
British Prime Minister Keir Starmer and Chancellor Rachel Reeves Outline Strategic Infrastructure Plans to Boost Regional Growth and Private Investment
Water pollution remains high despite £5bn investment
Regional Economic Divergence and Industrial Transformation
Technological Sovereignty and Regulatory Scrutiny
Fiscal Consolidation and Public Service Pressures
Automotive Industry Leadership Warns of Imminent Supply Chain Disruptions Following Recent European Trade Negotiations
High Court Delivers Landmark Ruling Affirming Strict Legal Protections for Corporate Data Privacy Against State Surveillance
Welsh First Minister Eluned Morgan Secures Additional Funding for Regional Transport Infrastructure and Rail Modernization
Scottish First Minister John Swinney Announces Major Green Energy Infrastructure Investment Package for Aberdeen
Department for Work and Pensions Proposes Sweeping Welfare Reforms to Incentivize Long-Term Unemployed Back into Work
Competition and Markets Authority Launches Formal Investigation into Artificial Intelligence Partnerships Involving Major Tech Giants
United Kingdom Foreign Secretary David Lammy Concludes High-Level Strategic Talks in Washington on Middle East Security
National Health Service England Unveils Emergency Winter Resilience Plan to Combat Projected Surge in Emergency Admissions
Bank of England Governor Andrew Bailey Signals Cautious Approach to Interest Rate Cuts Amid Persistent Inflation
British Chancellor Rachel Reeves Finalizes Corporate Tax Overhaul Ahead of Autumn Budget to Fund Public Services
Automotive Manufacturers Urge Government Action as High Energy Costs and Global Supply Chain Disruptions Threaten Production
Metropolitan Police Issue Formal Apology Following Inadvertent Release of Confidential Information During High-Profile Investigation
Scottish Finance Secretary Shona Robison Unveils Devolved Budget Highlighting Housing and Public Service Adjustments
Energy Regulator Office of Gas and Electricity Markets Prepares to Remove Household Gas Standing Charges Following Treasury Mandate
Treasury Confirms Reversal of Planned Cash Individual Savings Account Allowance Reduction Protecting Twenty Thousand Pound Limit
Office for Budget Responsibility Revisions Predict Moderate United Kingdom Economic Growth with Elevated Inflation Pressures
Chancellor John Healey Delivers First Autumn Budget in Parliament Highlighting Temporary Bank Surcharge and Cost-of-Living Support
Met Office Issues Extended Forecast Highlighting Stable High Pressure Weather Patterns Across the United Kingdom
Scottish Finance Secretary Shona Robison Outlines Changes to Tax Thresholds and Residential Property Levies in Edinburgh
Financial Markets and Government Bond Yields Remain Stable Following Muted Reaction to Autumn Budget Measures
Defence Committee Chair Tan Dhesi Criticizes Budget for Delaying Critical Defence Spending Decisions to Next Year
International Monetary Fund Forecasts United Kingdom Economic Growth at One Point Three Percent for Year
Office for Budget Responsibility Assesses Fiscal Headroom Reduced to Fifteen Billion Pounds Following Global Energy Shocks
Chancellor John Healey Delivers First Autumn Budget Introducing Household Energy Support and Bank Tax Hikes
×