Home > Latest News > Kimathi v Foreign Commonwealth Office Queen's Bench Division, [2017] EWHC 3379 (QB)


Kimathi v Foreign Commonwealth Office Queen's Bench Division, [2017] EWHC 3379 (QB)




On 20 December Stewart J handed down a significant judgment on Parliamentary privilege in the on-going Kenyan Emergency Group Litigation: claims arising out of the “Mau Mau” insurgency between 1952 to 1960. The judge accepted the Defendant’s contentions that the test claimants could not rely on Hansard to prove that facts mentioned by a Member of Parliament in Parliamentary proceedings were true, or that the MP believed them to be true. That would amount to impeaching or questioning what happened in Parliament, in breach of the Bill of Rights 1689 art.9 and Parliamentary privilege. Further, Parliamentary privilege could not be waived and did not cease when the maker of a statement died.

Simon Murray of 1 Chancery Lane acts, with others, for the FCO in this on-going litigation.

Latest Stop Press Read more


CN v Poole Borough Council: Application for Permission to Appeal

13th February 2018

The claimants have applied to the Supreme Court for permission to appeal against the decision of the Court of Appeal.  A detailed note on the Court of Appeal’s decision is available here.  The defendant’s solicitors have been told by the Supreme Court Registry that the...

Read more

Enforcement of Adjudication Awards in Relation to Oral Construction Contracts. How Hard Can It Be?

8th February 2018

Maurice Rifat comments on his recent success in the TCC in the case of Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC).

This was the third Act in the saga that is Dacy Building Services v IDM Properties LLP.

On 6th February 2018 the Judgment of Fraser J in the TCC was...

Read more