ON APPEAL FROM THE HIGH COURT OF JUSTICE
(MR JUSTICE LEWISON)
Strand, London, WC2A 2LL
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Lady Justice Arden:
"63. This phrase describes areas where the courts have ruled that any issues should be left to be resolved by Parliament rather than determined judicially. Exclusive cognisance refers not simply to Parliament, but to the exclusive right of each House to manage its own affairs without interference from the other or from outside Parliament. The boundaries of exclusive cognisance result from accord between the two Houses and the courts as to what falls within the exclusive province of the former. Unlike the absolute privilege imposed by article 9, exclusive cognisance can be waived or relinquished by Parliament…"
"24. Finally, Lord Mereworth argues that the House of Lords Act has not repealed his Letters Patent. In a narrow sense, that is correct, contrary to the rather incautious view expressed by the Treasury Solicitor in an email written long after this claim was issued. The Letters Patent have not been repealed, so Lord Mereworth is entitled to the dignity of the peerage created by those Letters Patent. He is entitled to call himself "Lord Mereworth" but I asked Ms Gore what right attaching to the peerage was being asserted in these proceedings other than the right to receive a writ and the right to sit and vote in Parliament. She said that no other right was being asserted. But what the 1999 Act did do, and did clearly, was to remove one of the former privileges that attached to a hereditary peerage, namely the right to sit and vote in the House of Lords."
Order: Application refused