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09 December 2010
Issue: 7445 / Categories: Case law , Law digest
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Parliament

R v Chaytor and others [2010] UKSC 52, [2010] All ER (D) 19 (Dec)

(i) The submitting of claims by MPs for allowances and expenses did not form part of, nor was it incidental to, the core or essential business of Parliament, which consisted of collective deliberation and decision making. The submission of claims was an activity which was an incident of the administration of Parliament; it was not part of the proceedings in Parliament.

(ii) The House of Commons did not assert an exclusive jurisdiction to deal with criminal conduct, even where that related to or interfered with proceedings in committee or in the House. Where it was considered appropriate the police would be invited to intervene with a view to prosecution in the courts. Furthermore, criminal proceedings were unlikely to be possible without the cooperation of Parliament. Before a prosecution could take place it was necessary to investigate the facts and obtain evidence. Parliament by legislation and by administrative changes had to a large extent relinquished any claim to have exclusive cognisance of the administrative business of the two Houses. The House had asserted a disciplinary jurisdiction over claims

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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