Former Livingston MP Jim Devine, David Chaytor and Elliot Morley, who deny theft by false accounting, took their cases to the highest court in the land, claiming any investigation into their expenses claims and the imposition of any sanctions "should lie within the hands of parliament".
The Supreme Court's nine justices ruled they were not protected by parliamentary privilege.
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Hide AdThey will now face separate trials at London's Southwark Crown Court - the first is due to begin on November 22.