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06 June 2014 / Neil Parpworth
Issue: 7609 / Categories: Features , Public
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Extended reach?

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Does parliamentary privilege extend to the extra-parliamentary repetition of evidence previously given before a select committee? Neil Parpworth reports

Article 9 of the Bill of Rights 1689 provides that: “The freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place outside of Parliament.”

The constitutional importance of Art 9 is self-evident. It serves to protect what takes place in Parliament from legal challenge before the courts. It upholds the principles of freedom of speech and freedom of debate. It ensures that MPs and peers are protected against the laws of libel in respect of views expressed on the floor of either chamber, or within the precincts of the Palace of Westminster.

Until the landmark decision in Pepper v Hart [1993] AC 593, [1993] 1 All ER 42, Art 9 was the basis of the exclusionary rule that Hansard, the official record of Parliamentary proceedings, could not be consulted to determine the meaning of a statutory provision. In Prebble v Television New Zealand [1995] 1 AC

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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