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Typus
KomplettPlagiat
Bearbeiter
Graf Isolan
Gesichtet
Yes.png
Untersuchte Arbeit:
Seite: 166, Zeilen: 1ff (komplett)
Quelle: Griffith 2007
Seite(n): 56, Zeilen: 8-26
The final ruling on the “parliamentary privilege” aspect to the case was

delivered by the House of Lords, in a unanimous judgment delivered by Lord Browne-Wilkinson. Curiously, it was only at this stage that the determining influence of the waiver of privilege under s 13 was given its full weight. At first instance, Popplewell J had not even referred directly to s 13.508 Subsequently, the Court of Appeal had indeed concluded that s 13 “trumped” parliamentary privilege, but only after a lengthy discussion as to whether the two parliamentary investigations were “proceedings in Parliament”.509

In summary, the Court of Appeal held that the report of the Parliamentary Commissioner for Standards and that of the Committee on Standards and Privileges were “ ‘proceedings in Parliament’ and that Popplewell J had been in error and had himself breached parliamentary privilege by criticizing the procedures adopted by the Parliamentary Commissioner for Standards. To this point the Court of Appeal and the House of Lords were in agreement. However, the Court of Appeal had then ruled that parliamentary privilege would not have been infringed if the action had gone forward. On the facts of the case, the House of Lords could not accept this argument, saying that it would have been ‘impossible for Mr Al Fayed to have had a fair trial in this action if he had been precluded from challenging the evidence produced to the parliamentary committees on behalf of Mr Hamilton’ ”. Lord Browne-Wilkinson concluded: “Had it not been for section 13, the court should, in my judgment, have stayed the libel action brought by Mr Hamilton…”510


508 [2001] 1 AC 395, p.407.

509 Hamilton v. Al Fayed [1999] 3 All ER 317.

510 [2001] 1 AC 395, p.408.

The final ruling on the ‘parliamentary privilege’ aspect to the case was delivered by the

House of Lords, in a unanimous judgment delivered by Lord Browne-Wilkinson. Curiously, it was only at this stage that the determining influence of the waiver of privilege under s 13 was given its full weight. At first instance, Popplewell J had not even referred directly to s 13.200 Subsequently, the Court of Appeal had indeed concluded that s 13 ‘trumped’ parliamentary privilege, but only after a lengthy discussion as to whether the two parliamentary investigations were ‘proceedings in Parliament’.201

In summary, the Court of Appeal held that the report of the Parliamentary Commissioner for Standards and that of the Committee on Standards and Privileges were ‘proceedings in Parliament’ and that Popplewell J had been in error and had himself breached parliamentary privilege by criticizing the procedures adopted by the Parliamentary Commissioner for Standards. To this point the Court of Appeal and the House of Lords were in agreement. However, the Court of Appeal had then ruled that parliamentary privilege would not have been infringed if the action had gone forward. On the facts of the case, the House of Lords could not accept this argument, saying that it would have been ‘impossible for Mr Al Fayed to have had a fair trial in this action if he had been precluded from challenging the evidence produced to the parliamentary committees on behalf of Mr Hamilton’. Lord Browne-Wilkinson concluded: ‘Had it not been for section 13, the court should, in my judgment, have stayed the libel action brought by Mr Hamilton…’.202


200 [2001] 1 AC 395 at 405-406.

201 Hamilton v Al Fayed [1999] 3 All ER 317.

202 [2001] 1 AC 395 at 408.

Anmerkungen

Identisch ohne Hinweis auf eine Übernahme.

Sichter
(Graf Isolan) Agrippina1

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