Hamilton v Al Fayed

Facts

A former Member sued Mohamed Al Fayed for saying he had taken cash for asking parliamentary questions. Parliament had already investigated, and the Member had waived privilege under the Defamation Act 1996.

Issue

Did the libel action amount to questioning proceedings in Parliament?

Held

No. With the statutory waiver the action could proceed, and it did not challenge Parliament's own findings.

Principle

The courts must not question proceedings in Parliament, but a statutory waiver can allow the evidence to be used.

Why it matters

A modern case on the reach of Article 9 of the Bill of Rights.

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