header-logo header-logo

How to lose a title

11 April 2014 / Michael Zander KC
Issue: 7602 / Categories: Opinion
printer mail-detail
web_zanders

Michael Zander QC reflects on his insider’s view of Tony Benn’s peerage case

 

 

Fifty-three years ago I was legal adviser to Anthony Wedgwood Benn (as he was then known), in his battle to remain in the House of Commons. At the time I was an articled clerk with Ashurst Morris Crisp & Co. I had met the Benns and was invited to dinner at their house in November 1960, shortly after his father, Lord Stansgate died. He told us how he planned to go about it. I got interested. One thing led to another.

 

The beginning

It started five days after Lord Stansgate died. On 22 November 1960, Benn, Member of Parliament for Bristol South-East since 1950, signed an instrument of Renunciation of his Peerage and returned the Letters Patent to Buckingham Palace. On 29 November he petitioned the House of Commons, putting forward reasons why disqualification on account of the peerage should not attach and praying that a Select Committee be appointed to consider the issue.

The question was referred

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
back-to-top-scroll