Defendant claimed that Plaintiff had accepted cash from him to ask questions in the House of Commons.
Defendant applied to have the claim struck out on the grounds that it would infringe parliamentary privilege.
HL denied the striking out action, on the grounds that under s.13 of the defamation act, an MP could waive his right to privilege.
Had the act not existed, the court would have struck out the action on the grounds that it would interfere with privilege (some of the evidence to be adduced was speeches from parliament) and it was for the parliamentary committee on standards to determine the facts.
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GDL Tort Law | Defamation 2 Notes (15 pages) |