Mereworth v Ministry of Justice

Mereworth v Ministry of Justice

The court has no jurisdiction to determine entitlement to a Writ of Summons for the House of Lords, as this falls within the exclusive cognisance of Parliament. Even if jurisdiction existed, section 1 of the House of Lords Act 1999 removed the right of hereditary peers to sit and vote in the House of Lords, and the claim would fail on its merits.

Parties
Applicant/claimant: Baron Mereworth; Respondent/defendant: Ministry of Justice (Crown Office)
Jurisdiction
England and Wales
Judgment Date
23 May 2011
Procedural Posture
Civil / Judgment
Outcome
Claim struck out
Legal Topics
Jurisdiction of Courts, Exclusive Cognisance of Parliament, Hereditary Peerage, House of Lords Act 1999, Human Rights (echr)
Constitutional Law Parliamentary Law Human Rights Jurisdiction of Courts Exclusive Cognisance of Parliament Hereditary Peerage House of Lords Act 1999 Human Rights (echr)

Case Brief

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Parties

Baron Mereworth

Applicant/claimant

Ministry of Justice (Crown Office)

Respondent/defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to determine entitlement to a Writ of Summons for the House of Lords
  2. 2 Whether the House of Lords Act 1999 repealed the Letters Patent creating the Barony of Mereworth
  3. 3 Whether the right to sit and vote in the House of Lords is a civil right under Article 6 ECHR

Ratio Decidendi

The court has no jurisdiction to determine entitlement to a Writ of Summons for the House of Lords, as this falls within the exclusive cognisance of Parliament. Even if jurisdiction existed, section 1 of the House of Lords Act 1999 removed the right of hereditary peers to sit and vote in the House of Lords, and the claim would fail on its merits.

Court Disposition

Claim struck out

Orders

  • The claim is struck out.