British newspaper The Guardian has lost its legal challenge against a decision banning the media from a court case about Prince Philip's will.
A hearing was held in private in September 2021 where a High Court judge ruled that the prince’s will should remain sealed for 90 years.
On Friday, appeal court judges ruled that the original decision had been correct and threw out the newspaper’s argument.
The original decision on the will was made under “exceptional” circumstances to protect the privacy of his widow, Queen Elizabeth II, and other royals.
Senior judges Geoffrey Vos and Victoria Sharp ruled that notifying the media about the hearing would have risked a publicity storm.
“The hearing was at a hugely sensitive time for the sovereign and her family, and those interests would not have been protected had protracted hearings been reported in the press,” the judges found.
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At one year old, Prince Philip of Greece shows an interest in things floral, July 1922. Getty Images -
King Michael of Romania, right, rides with his cousin Prince Philip of Greece on the sands at Constanza, August 1928. Reuters -
Prince Philip of Greece dressed for the Gordonstoun School's production of 'MacBeth', in Scotland, July 1935. Getty Images -
A rare picture of Prince Philip of Greece at the public school of Gordonstoun, Elgin, Scotland, December 1939. Reuters -
Lieutenant Philip Mountbatten, prior to his marriage to Princess Elizabeth, working at his desk after returning to his Royal Navy duties at the Petty Officers Training Centre in Corsham, Wiltshire, August 1, 1947. Getty Images -
Princess Elizabeth, heiress presumptive to the throne, pictured in the White Drawing Room at Buckingham Palace with her husband to be, Lt Philip Mountbatten, and her sister Princess Margaret, September 1947. Reuters -
King George VI, Princess Margaret, Lady Mary Cambridge, Princess Elizabeth, Prince Philip, Queen Elizabeth and Queen Mary on the balcony at Buckingham Palace after the wedding of Princess Elizabeth and Philip Mountbatten, London, on November 20, 1947. Getty Images -
Undated picture showing the future Queen Elizabeth II of England and Prince Philip of Edinburgh posing with their son Prince Charles, 1949. AFP -
His Royal Highness Prince Philip, Duke of Edinburgh, enjoys an old-fashioned hoedown held in the honour of the Royal Couple at Rideau Hall, Ottawa, Ontario, Canada, October 11, 1951. Getty Images -
Undated picture showing the Britain's Queen Elizabeth II, and her husband Prince Philip, Duke of Edinburgh, with their two children, Charles, Prince of Wales and Princess Anne in 1952. AFP -
Queen Elizabeth II and Prince Philip pose after the Queen's Coronation on June 2, 1953, at Buckingham Palace. AFP -
The Duke of Edinburgh disembarks from a Harvard Trainer aircraft after a flight, at RAF White Waltham, Berkshire, where he had been training for his 'wings', on May 4, 1953. Getty Images -
Prince Charles of Wales with his father Prince Philip of Edinburgh aboard a boat in 1955. AFP -
In February 1979, Founding Father Sheikh Zayed and President Sheikh Khalifa, then Crown Prince of Abu Dhabi, joined Queen Elizabeth ll and Prince Philip, Duke of Edinburgh, aboard the royal yacht 'Britannia' during the British royals' state visit to the UAE. Getty Images -
Queen Elizabeth ll and Prince Philip, Duke of Edinburgh entertain Sultan Qaboos on board the royal yacht Britannia during a state visit to Oman on February 29, 1979 in Muscat, Oman. Getty Images -
Prince Charles and Princess Diana on the balcony of Buckingham Palace on their wedding day, accompanied by Prince Philip, 29 July, 1981. Getty Images -
Prime Minister Rajiv Gandhi greets the Duke of Edinburgh, Prince Philip, on November 2, 1989 in New Dehli. Gandhi, who was about to launch his campaign in the country's upcoming parliamentary elections, inaugurated an exhibition on the world's environment, at which Prince Philip was chief guest as president of the WWF. AFP -
Prince Philip, Duke of Edinburgh, bursts out in laughter during a conversation with Second World War veterans after a wreath-laying ceremony at the main Commonwealth War Graves Cemetery in Ramle, Israel, October 30, 1994. AFP -
Former South African president Nelson Mandela shares a light moment with the Duke of Edinburgh, Prince Phillip at Drakenstein Prison, Paarl, about 50 kilometres from Cape Town, on November 5, 2000. AFP -
Queen Elizabeth II walks through the Royal Gallery accompanied by the Duke of Edinburgh for the State Opening of Parliament on June 20, 2001. AFP -
Queen Rania of Jordan and the Duke of Edinburgh at a state banquet at Windsor Castle on November 6, 2001. AFP -
A Clarence House official handout photo shows the Prince of Wales and his new bride Camilla, Duchess of Cornwall, with their families Prince Harry, Prince William, Tom and Laura Parker Bowles, Duke of Edinburgh Prince Philip, Britain's Queen Elizabeth II and Camilla's father Major Bruce Shand, in the White Drawing Room at Windsor Castle after their wedding ceremony on April 9, 2005 in Windsor, England. Getty Images -
Queen Elizabeth II and Prince Philip, Duke of Edinburgh greet the Crown Prince of Abu Dhabi, Sheikh Mohamed bin Zayed, as he arrives at a lunch for Sovereign Monarchs held in honour of Queen Elizabeth II's Diamond Jubilee, at Windsor Castle, on May 18, 2012. Getty Images -
Queen Elizabeth II and Prince Philip, Duke of Edinburgh, greet the President of the United Arab Emirates, Sheikh Khalifa bin Zayed Al Nahyan, in Windsor Castle on April 30, 2013. Getty Images -
Queen Elizabeth II and Prince Philip, Duke of Edinburgh react as they bid farewell to Irish President Michael D. Higgins and his wife Sabina at the end of their official visit at Windsor Castle on April 11, 2014. Getty Images -
Prince Harry and Prince Phillip enjoy the atmosphere during the 2015 Rugby World Cup Final match between New Zealand and Australia at Twickenham on October 31, 2015, in London. Getty Images -
Queen Elizabeth II and Prince Philip, Duke of Edinburgh during the wedding ceremony of Prince Harry, Duke of Sussex and US actress Meghan Markle in St George's Chapel, Windsor Castle, on May 19, 2018. AFP -
Prince Philip, Duke of Edinburgh smiles as he talks to Prince Harry, Duke of Sussex as they leave St George's Chapel in Windsor Castle, west of London, on May 18, 2019, after the wedding of Lady Gabriella Windsor and Thomas Kingston. AFP -
Prince Philip, Duke of Edinburgh flanked by Assistant Colonel Commandant, Major General Tom Copinger-Symes, inspects buglers during the transfer of the Colonel-in-Chief of The Rifles at Windsor Castle, July 22, 2020. AFP
They said they could not see how the media could have been alerted to the fact the hearing was taking place “without risking the media storm that was feared”.
“The hearing was at a hugely sensitive time for the sovereign and her family, and those interests would not have been protected if there had been protracted hearings reported in the press rather than a single occasion on which full reasons for what had been decided were published,” they said
Sir Geoffrey and Dame Victoria said: “It is true that the law applies equally to the royal family, but that does not mean that the law produces the same outcomes in all situations.
“These circumstances are, as we have said, exceptional. We are not sure that there is a specific public interest in knowing how the assets of the royal family are distributed.
“A perceived lack of transparency might be a matter of legitimate public debate, but the (non-contentious probate rules) allow wills and their values to be concealed from the public gaze in some cases.
“The judge properly applied the statutory test in this case.”
The Guardian had challenged the decision to hold a hearing on an application to seal the will in private, saying that it was “disproportionate and unjustified”.
Caoilfhionn Gallagher QC, for Guardian News and Media, argued at last week's hearing: “An entirely private hearing such as this is the most serious interference with open justice. It is an exceptional step that requires exceptional justification.”
