Court interventions by MPs: constitution in action, or under attack?

• There are very good reasons why MPs and all-party parliamentary groups would want to become involved in litigation, both by way of judicial review and interventions as to the interpretation of legislation.
• However, there is a number of issues that MPs—and their lawyers—should bear in mind when considering an intervention.

Former Prime Minister Sir John Major’s warning in July that he would seek judicial review of any decision by the government to suspend Parliament to force a no-deal Brexit gave rise to a spate of Brexit-related cases. However, Brexit aside, recent cases—including a recent intervention by MPs in a Supreme Court hearing on a principle of company law—show MPs using judicial processes to influence government and legislation. This article discusses the Supreme Court intervention and other claims brought by MPs to explore legal and practical considerations around politicians' interventions in legal proceedings.

Background

The Supreme Court hearing