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

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

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. “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.”

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.

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