[1] Benn argued that as he had not applied for a writ of summons, he was not a member of the House of Lords and that the voters had the right to choose who they wanted to represent them.

[2] The court made a ruling of undue election because the voters were aware that Benn was legally disqualified from sitting in the House of Commons, their votes had to be counted as being "thrown away" and Malcolm St Clair as the runner-up would take the seat instead.

[3] Anthony Wedgwood Benn had been elected as the MP for Bristol South East since 1950 as a Labour Party candidate.

The Conservative Party candidate, Malcolm St Clair, ran several adverts in local papers telling voters that there was no point in voting for Benn as he was disqualified from sitting in the House of Commons as he was a hereditary peer.

[4] St Clair issued an election petition against the results stating that Benn could not take his seat as he was disqualified.

[2] Sir Andrew Clark QC, acting as St Clair's barrister argued in his response that a peer upon succession, regardless of whether they had asked for one or not, was entitled to a writ of summons to the House of Lords which the Crown could not refuse to grant.

[5] This act was created partially as a result of Benn's campaign but also because of the Conservative Party wishing for either Alec Douglas-Home, Earl of Home or Quintin Hogg, Viscount Hailsham to become Prime Minister and it was considered constitutionally inappropriate for the Prime Minister to sit in the House of Lords.