swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Elections - From: 1980 To: 1984
This page lists 4 cases, and was prepared on 21 May 2019.
Moore v Electoral Registration Officer for Borders 1980 SLT 39
1980
ScSf
Scotland, Elections
(Sheriff Court of Lothian and Borders) The court considered the construction of the words "unable or likely to be unable to go in person to the polling station", so as to qualify somebody to apply for a postal vote under the 1949 Act. This led to the question of just how difficult it had to be for a voter to be able to attend the polling station before he could be characterised as being "unable" to go in person. Held: The words were to be construed with regard to the legislative purpose of the statute: "I should have thought that the exceptions laid down in section 12(1) were designed to encourage an elector to exercise his vote rather than put difficulties in his way."
Representation of the People Act 1949 12(1)
1 Citers
Lynch v British Broadcasting Corporation; QBNI 1983 - [1983] NI 193 QBD
Regina v Boundary Commission for England, ex part Gateshead Borough Council; CA 25-Jan-1983 - [1983] 1 QB 600; [1983] EWCA Civ 10
Regina v Cripps, ex parte Muldoon [1984] 1 QB 68
1984
QBD
Goff LJ
Judicial Review, Elections
C, a barrister was appointed to hear an election petition under section 115. The petitioners later sought an order of certiorari to quash his costs award. It was claimed that no such remedy lay against the tribunal. Held: Certiorari would lie. Once the election court had made its order, it was functus officio, and not free to return to its earlier order and amend it under the slip rule. Goff LJ observed that the Court-Martial Appeal Court and the Restrictive Practices Court were simple examples of courts which were not inferior for the purposes of judicial review.
Representation of the People Act 1949 110, 115
1 Citers
