The public interest – whose view counts?

Commercial and chancery barrister, Natasha Dzameh, reviews the Court of Appeal’s decision regarding the will of His late Royal Highness Prince Philip. Guardian News and Media appealed the first instance decision by Sir Andrew McFarlane, President of the Family Division, on the basis that he had erred in that he:

1. Misapplied Gouriet v Union of Post Office Workers [1978] AC 435;
2. Denied the media the opportunity to make submissions on whether the substantive hearing should be held in private; and
3. Failed to consider any lesser interference with open justice than a private hearing.

The Court of Appeal dismissed the appeal but confirmed it was not only the Attorney General who was entitled to speak to the public interest in the substantive hearing being held in public.

This article has been published in the Trusts and Estates Law and Tax Journal in their December issue.