Barron & Ors v Collins

Barron & Ors v Collins

The court is not obliged to stay proceedings until it is formally notified by the European Parliament of the initiation of the immunity defence procedure; mere announcement or request by the defendant does not suffice. Once formal notification is received, the duty to stay arises.

Parties
Claimant: Sir Kevin Barron MP; Claimant: Rt Hon John Healey MP; Claimant: Sarah Champion; Defendant: Jane Collins MEP
Jurisdiction
England and Wales
Judgment Date
16 May 2016
Procedural Posture
Defamation / Application for Stay Pending European Parliament Opinion on Immunity
Outcome
Stay of proceedings granted upon formal notification from European Parliament; costs order against defendant for delay and procedural impropriety.
Legal Topics
MEP Immunity, Offer of Amends, Duty of Sincere Cooperation, Stay of Proceedings
Defamation European Union Law Parliamentary Privilege MEP Immunity Offer of Amends Duty of Sincere Cooperation Stay of Proceedings

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Parties

Sir Kevin Barron MP

Claimant

Rt Hon John Healey MP

Claimant

Sarah Champion

Claimant

Jane Collins MEP

Defendant

Procedural Posture

Defamation / Application for Stay Pending European Parliament Opinion on Immunity

Legal Issues

  1. 1 Whether proceedings must be stayed pending European Parliament's opinion on MEP immunity
  2. 2 Whether defendant's request for immunity triggers duty to stay under EU law
  3. 3 Procedural propriety of stay application

Ratio Decidendi

The court is not obliged to stay proceedings until it is formally notified by the European Parliament of the initiation of the immunity defence procedure; mere announcement or request by the defendant does not suffice. Once formal notification is received, the duty to stay arises.

Court Disposition

Stay of proceedings granted upon formal notification from European Parliament; costs order against defendant for delay and procedural impropriety.

Orders

  • Proceedings stayed pending European Parliament's opinion on immunity.
  • Defendant to pay costs of Stay Application and costs of Assessment Application thrown away by the stay.