
Edinburgh and Dalkeith Railway Co v Wauchope
1842 · (1842) 8 Cl & F 710
Posted By lanbuk.com
- Facts
- A private Act affected the defendant's rights. He argued it was invalid because he had not been given notice of the Bill as the standing orders required.
- Issue
- Could a court examine whether Parliament had followed its own procedure?
- Held
- No. The courts look only at the Parliament roll, and cannot inquire into how the Act was passed.
- Principle
- The enrolled Act rule.
- Why it matters
- Confirmed by the House of Lords in British Railways Board v Pickin.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.
