[2][3] As the by-election was taking place during wartime and Somervell was standing as the candidate of the Coalition government he did not face Conservative or Labour Party opponents.

Boyle announced that she would test the law and if her nomination was refused would take the matter to the courts to obtain a definitive ruling.

[5] After some legal consideration, the returning officer stated that he was prepared to accept her nomination, thus establishing an important precedent for women candidates.

[6] The Law Lords were asked to consider the matter and concluded that the Great Reform Act 1832 had specifically banned women from standing as parliamentary candidates.

The act ran to only 27 operative words: "A woman shall not be disqualified by sex or marriage for being elected to or sitting or voting as a Member of the Commons House of Parliament.