British Railways Board v Pickin

Facts

Mr Pickin claimed land under a railway Act, arguing that the Board had misled Parliament when the Act was obtained.

Issue

Could the court inquire whether Parliament had been misled?

Held

No. The claim was struck out. Lord Reid said the idea that a court could disregard a provision in an Act must seem strange and startling to anyone who knows the history and law of the constitution.

Principle

The courts will not look behind an Act of Parliament to examine its passage.

Why it matters

The modern authority for the enrolled Act rule.

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