The Guardian has been given permission by a court of appeal judge to bring the challenge against the attorney general and the Queen’s lawyers.
Its legal action has been brought after the president of the family division of the high court, Sir Andrew McFarlane , ruled last September that the will of Prince Philip should be hidden from the public for 90 years .
It followed a private hearing that media organisations were not told about and were consequently prevented from attending.
The Guardian intends to argue that the case should be reheard in the high court because McFarlane failed to properly consider whether reporters should have been permitted to attend the original hearing, or make representations in favour of being allowed to attend. The newspaper argues that this was a serious interference with the principle of open justice.
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