The following Public Law practice note Produced in partnership with Carl Gardner provides comprehensive and up to date legal information covering:
It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.
Arguably the principle is derived from that laid down in The Prince's Case. The case involved a challenge to the grant of the Duchy of Cornwall by charter made by authority of Parliament. Coke CJ decided that it was an Act of Parliament, having been assented to by King, Lords and Commons, and therefore had the full force and authority of an Act of Parliament.
'If an Act of Parliament be penned by assent of the King, and of the Lords Spiritual and Temporal, and of the Commons, or, it is enacted by authority of Parliament, it is a good Act;…there are a good many statutes which are indicted quod dominus Rex statuit: yet if they be entered in the Parliament roll, and always allowed for Acts of Parliament, it shall be intended that it was by authority of Parliament…'
In its modern form, however, the principle flows from article 9 of the Bill of Rights 1688 (BR 1688), which says:
'debates or proceedings in Parlyament ought not to be impeached or questioned in any court or place out of Parlyament.'
In Edinburgh and Dalkeith Railway Co v Wauchope, (1842), 8 Cl & Fin 710 (Not reported
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Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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