The plaintiff church sued the defendant, a Member of Parliament, for remarks made by the defendant in a television programme. He pleaded fair comment and the plaintiff replied with a plea of malice, relying on statements made in Parliament. The question arose at trial whether such reliance infringed Article 9. Held: It did. The plaintiff … Continue reading Church of Scientology of California v Johnson-Smith: QBD 1971
A member of the House of Representatives was offered 5,000 rupees for writing to the Minister of Lands and Development withdrawing an application previously made to the Minister to acquire an estate. The offeror was found guilty of offering a gratification to the member ‘for his doing an act in his capacity as such member’, … Continue reading Attorney-General of Ceylon v de Livera: PC 1963
The claimant MP sued the defendant in defamation after he had alleged that the MP had corruptly solicited and received payments and benefits in kind as a reward for parliamentary services rendered. Held: Parliament has protected by privilege an MP against action for defamation arising from his parliamentary activities. A defendant in an action for … Continue reading Hamilton v Al Fayed: HL 23 Mar 2000
The applicant asserted that the 2004 Act was invalid having been passed under the procedure in the 1949 Act, reducing the period by which the House of Lords could delay legislation; the 1949 Act was invalid, being delegated legislation, had used the powers under the 1911 Act to amend themselves. If the 1949 Act was … Continue reading Regina on the Application of Jackson and others v HM Attorney General: CA 16 Feb 2005
The applicant sought to challenge the 2004 Hunting Act, saying that it had been passed under the provisions of the 1949 Parliament Act which was itself an unlawful extension of the powers given by the 1911 Parliament Act to allow the House of Commons to bring into law an Act which had not been approved … Continue reading Jackson and others v Attorney General: HL 13 Oct 2005
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