The UKIP party had accepted substantial donations. The donor had, through, he said, inadvertent error, had failed to ensure that he appeared on the electoral roll. The party had not taken all reasonable steps to verify his registration as required. The Commission sought to forfeit an amount equal to the donations. The Commission argued that the judge was wrong to find a presumption against forfeiture.
Held: The court must view the discretion to forfeit against the legislative background. Here, UKIP had altered its procedures to make it more difficult to carry out the statutory checks. The penalties under the Act were avoidable, and the size and financial standing of the party were not proper considerations. The discretion under 58(2) is a narrow one, and there were no appropriate circumstances here to allow its use. The matter was remitted to the magistrates court for a decision.
Waller LJ, Goldring LJ, Sir Paul Kennedy
[2009] EWCA Civ 1078, Times 28-Oct-2009, [2010] 2 WLR 873, [2010] QB 298, [2010] 1 All ER 1167
Bailii
Political Parties, Elections and Referendums Act 2000 58(2)
England and Wales
Citing:
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Appeal from – The Electoral Commission v City of Westminster Magistrates’ Court Admn 22-Jan-2009
The UKIP had accepted donations from a man whose name through inadvertence was not listed on the electoral register. The commission sought to impose a forfeit of an equal amount.
Held: Parliament had rejected the suggested test of entitlement . .
Cited – Regina v Tower Hamlets London Borough Council, ex parte Chetnik Developments Limited HL 1988
The House was asked whether a rating authority could refuse to repay rates which had been paid by mistake.
Held: ‘Parliament must have intended the rating authorities to act in the same high principled way expected by the court of its own . .
Cited by:
Appeal from – The Electoral Commission, Regina (on The Application of) v City of Westminster Magistrates Court and Another SC 29-Jul-2010
UKIP, a political party had accepted donations from an individual who had ceased to be a registered voter. An application had been made for forfeiture of the sums given. The court was now asked whether the Act created a presumption in favour of . .
Lists of cited by and citing cases may be incomplete.
Elections, Administrative
Updated: 02 November 2021; Ref: scu.376168