London Daily

Focus on the big picture.
Saturday, Sep 12, 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
UK Reviews Nationwide Emergency Alert Tests After Systems Meet Reliability Targets
UK Seeks Faster Rail Links Across Northern Industrial Corridors
British Business Bank Allocates £150 Million for High-Growth Companies in Northern England
BBC Warns Staff Strikes Are Possible Amid Pay Dispute and £500 Million Savings Drive
UK Backs Short Extension of UN Sudan Sanctions Regime
Prime Minister Andy Burnham Defends Early Prison Release Reforms and Growth Strategy
Reform UK Faces Scrutiny Over Alleged Effort to Circumvent Foreign Donation Rules
UK Analysts Warn Tax Rises or Spending Cuts May Be Needed to Preserve Fiscal Headroom
Jaguar Land Rover Plans Up to 4,000 Job Cuts in £1.7 Billion Cost-Saving Drive
UK Chancellor Warns of Difficult October Budget as Borrowing Costs Rise
UK Declares Israeli Occupation of West Bank Unlawful and Expands Sanctions
UK House of Commons Rejects Assisted Dying Bill for England and Wales
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
×