Withers found guilty of contempt of Parliament in privilege case

February 26th, 2010 by Legalweek Leave a reply »

Claire Ruckin legalweek

Withers has been found guilty of contempt of Parliament after suggesting that an MP could face legal proceedings for criticising a client of the firm in Parliament.

The Commons standards and privileges committee said yesterday (25 February) that Withers was in contempt of the House when it threatened Liberal Democrat MP John Hemming with libel proceedings if he were to repeat “defamatory claims” about the firm’s client in Parliament.

The claims had initially been made in a Liberal Democrat leaflet.

The report said the committee was “surprised that a firm of the standing of Withers” took so long to realise that any comments would have been covered by parliamentary privilege, which allows MPs the right to speak freely in Parliament without the fear of being sued for libel.

Despite finding the firm guilty of contempt, the committee said it would not take further action against Withers as the UK top 50 firm had apologised “unreservedly” both to the House and Hemming, after taking legal advice from counsel.

It concluded: “It has long been accepted that the House should assert its privileges sparingly. In the light of the apology the House has received, we make no recommendation for further action on the matter referred to us.”

Withers said in a statement: “Withers is pleased that the Committee for Standards and Privileges has accepted our full and unreserved apology to both the House and Mr Hemming with respect to this matter.

“Parliamentary privilege is a complex area and the legal profession, MPs and the public would benefit from the clarification recently called for by the Law Society and others. As the Law Society’s letter to the Committee notes, there is tension between Parliamentary privilege and the rights of citizens to defend themselves against defamatory allegations.”

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