Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch) (23 May 2011)

Mereworth v Ministry of Justice [2011] EWHC 1589 (Ch) (23 May 2011)

The court has no jurisdiction to determine entitlement to a Writ of Summons to the House of Lords, as this is within the exclusive cognisance of Parliament. Even if the court had jurisdiction, section 1 of the House of Lords Act 1999 removed the right of hereditary peers to receive a Writ of Summons, and no human rights are engaged by this removal.

Citation
[2011] EWHC 1589 (Ch)
Parties
Applicant/claimant: Baron Mereworth; Respondent/defendant: Ministry of Justice (Crown Office)
Jurisdiction
England and Wales
Judgment Date
23 May 2011
Procedural Posture
Part 8 Claim (declaratory Relief) / Judgment on Jurisdiction and Merits
Outcome
Claim struck out for want of jurisdiction and no reasonable prospect of success.
Legal Topics
Exclusive Cognisance of Parliament, Jurisdiction of Courts Over Parliamentary Membership, House of Lords Act 1999, Hereditary Peerage Rights, Human Rights Act 1998
Constitutional Law Parliamentary Law Human Rights Exclusive Cognisance of Parliament Jurisdiction of Courts Over Parliamentary Membership House of Lords Act 1999 Hereditary Peerage Rights Human Rights Act 1998

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Baron Mereworth

Applicant/claimant

Ministry of Justice (Crown Office)

Respondent/defendant

Procedural Posture

Part 8 Claim (declaratory Relief) / Judgment on Jurisdiction and Merits

Legal Issues

  1. 1 Does the court have jurisdiction to determine entitlement to a Writ of Summons to the House of Lords?
  2. 2 Did the House of Lords Act 1999 remove the right of hereditary peers to receive a Writ of Summons?
  3. 3 Are human rights (Articles 6, 8, Protocol 1 Article 1) engaged by the removal of the right to sit and vote in the House of Lords?

Ratio Decidendi

The court has no jurisdiction to determine entitlement to a Writ of Summons to the House of Lords, as this is within the exclusive cognisance of Parliament. Even if the court had jurisdiction, section 1 of the House of Lords Act 1999 removed the right of hereditary peers to receive a Writ of Summons, and no human rights are engaged by this removal.

Court Disposition

Claim struck out for want of jurisdiction and no reasonable prospect of success.

Orders

  • Claim struck out.