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Acts

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Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another: Admn 2 May 2008

The applicant sought leave to bring judicial review of the prime minister’s decsion not to hold a referendum on the ratification of the treaty of Lisbon. Held: The claimant had arguable points under the 2000 Act and otherwise, and permission was granted for the review to be heard. Judges: Owen J Citations: [2008] EWHC 936 … Continue reading Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another: Admn 2 May 2008

The Attorney General v Jones: Admn 30 Apr 1999

Mrs Jones had been elected as an MP, but suspended after conviction for making a false declaration as to her election expenses. Her appeal was allowed, and no writ having been moved for another election, the AG asked whether she was entitled to resume her seat. Held: She was: ‘ justice requires that when a … Continue reading The Attorney General v Jones: Admn 30 Apr 1999

Greens v The United Kingdom: ECHR 23 Nov 2010

The applicants alleged a violation of article 3 in the refusal to allow them to enrol on the electoral register whilst serving prison sentences. Held: Where one of its judgments raises issues of general public importance and sensitivity, in respect of which the national authorities enjoy a discretionary area of judgment, it may be appropriate … Continue reading Greens v The United Kingdom: ECHR 23 Nov 2010

Hirst v The United Kingdom: ECHR 3 Dec 2009

(Resolutions) The court noted the long delay in the respondent in implementing the judgment of the court and giving prisoners voting rights, the present consultation and adjourned until March 2011 for further information. Citations: [2009] ECHR 2260, 4025/01 Links: Bailii Statutes: Representation of the People Act 1983 3, European Convention on Human Rights 3 Citing: … Continue reading Hirst v The United Kingdom: ECHR 3 Dec 2009

Shindler v The United Kingdom: ECHR 20 Dec 2010

Statement of Facts Citations: 19840/09, [2010] ECHR 2222 Links: Bailii Statutes: European Convention on Human Rights, Representation of the People Act 1983 Cited by: Statement of Facts – Shindler v The United Kingdom ECHR 7-May-2013 Article 3 of Protocol No. 1VoteRestriction on voting rights of non-resident citizens: no violationFacts – The applicant, a British national, … Continue reading Shindler v The United Kingdom: ECHR 20 Dec 2010

Chester v Secretary of State for Justice and Wakefield Metropolitan District Council: CA 17 Dec 2010

The prisoner claimant appealed against refusal of his request for judicial review of his disenfranchisement whilst a prisoner. Held: The appeal was dismissed. It was not possible to read into the Act as suggested a duty on a judge on sentencing Judges: Lord Neuberger MR, Laws LJ, Carnwath LJ Citations: [2010] EWCA Civ 1439, [2011] … Continue reading Chester v Secretary of State for Justice and Wakefield Metropolitan District Council: CA 17 Dec 2010

Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010

The parties had contracted for sale and purchase of butane for processing. It was said to have been contaminated. The parties now disputed the effect on damages for breach including on causation, remoteness, mitigation and quantum. Held: The recklessness of the defendant was an intervening act sufficient to affect the chain of causation. Judges: Gross … Continue reading Borealis Ab v Geogas Trading Sa: ComC 9 Nov 2010

Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

Burton J dismissed a claim for judicial review brought by the serving prisoner, to challenge his statutory disfranchisement from voting in domestic and European Parliamentary elections. Judges: Burton J Citations: [2009] EWHC 2923 (Admin), [2010] HRLR 6, [2010] UKHRR 317, [2010] ACD 28 Links: Bailii Statutes: Representation of the People Act 1983 3, European Parliamentary … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice and Another: Admn 28 Oct 2009

Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

(Commission) The prisoner alleged that the denial of his right to vote whilst in prison was disproportionate. He was serving a life sentence for manslaughter. Held: The denial of a right to vote was in infringement of his rights and disproportionate. Different signatory countries had applied different standards. The UK law made a great distinction … Continue reading Hirst v The United Kingdom (No. 2): ECHR 30 Mar 2004

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Smith v KD Scott, Electoral Registration Officer: SCS 24 Jan 2007

The prisoner claimed that his right to vote had not been re-instated despite a year having passed since the European Court of Human Rights had found that the withdrawal of that right for prisoners was an infringement. Held: It was not possible to read down the provision of the 1983 Act, and a declaration of … Continue reading Smith v KD Scott, Electoral Registration Officer: SCS 24 Jan 2007

Regina v Commissioner of Election Court ex parte Loveridge: Admn 23 Nov 1995

The applicant had been found in contravention of the law requiring him not to take part in a broadcast within a short period before the election. He had given the interview some days before, and did not know when, or give thought to when, it might be broadcast. He claimed the broadcast had been made … Continue reading Regina v Commissioner of Election Court ex parte Loveridge: Admn 23 Nov 1995

Begum and others v Returning Officer for London Borough of Tower Hamlets: CA 2 May 2006

Keith J had countermanded a forthcoming local election, and made an order under section 39(1) for a new election. The claimants had sought to stand but had not been allowed to do so, the returning officer having rejected their nomination papers. The papers had errors, but these were only discovered after nominations closed. Held: The … Continue reading Begum and others v Returning Officer for London Borough of Tower Hamlets: CA 2 May 2006

Regina (Chester) v Secretary of State for Justice and Another: QBD 28 Oct 2009

The claimant a prisoner detained after the expiry of his lfe sentence tariff as dangerous, sought a declaration that the refusal to allow him to register as a voter in prison infringed his human rights. Held: Such a claim had already succeeded in Scotland, and before the ECHR, and the government was considering how it … Continue reading Regina (Chester) v Secretary of State for Justice and Another: QBD 28 Oct 2009

Pearson and Another v Secretary of State for Home Department and Another: CA 18 Jun 2001

The claimants sought leave to appeal against rejection of their complaint that as serving prisoners they were unable to vote. Judges: Simon Brown LJ VP Citations: [2001] EWCA Civ 927 Links: Bailii Statutes: European Convention on Human Rights 3, Representation of the People Act 1983 3(1) Jurisdiction: England and Wales Human Rights, Prisons, Constitutional, Elections … Continue reading Pearson and Another v Secretary of State for Home Department and Another: CA 18 Jun 2001

Gough v Local Sunday Newspapers (North) Ltd and Another: CA 12 Mar 2003

The appellant claimed he had been libelled, when he was called incompetent by the respondent in the way he dealt with finding an uncounted bundle of votes after an election. He appealed a finding of justification. The finding was based upon an interpretation of election law which, it was claimed, were themselves contentious. Held: No … Continue reading Gough v Local Sunday Newspapers (North) Ltd and Another: CA 12 Mar 2003

Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department: Admn 16 Nov 2001

The claimant requested the defendant authority to remove his details from the electoral register before it was sold on to third parties. They refused. He claimed that the information had been obtained from him under penalty of criminal charges, and that to sell it on was an interference with his right to a private and … Continue reading Reid, Robertson v City of Wakefield Metropolitan Council, Secretary of State for the Home Department: Admn 16 Nov 2001

Babington and Others v Cooper and Others: QBD 27 Apr 2022

Judges: His Honour Judge Saffman Sitting as An Election Commissioner Citations: [2022] EWHC 937 (QB) Links: Bailii Statutes: Representation of the People Act 1983 127 Jurisdiction: England and Wales Elections Updated: 03 June 2022; Ref: scu.677576

Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

The applicant sought review of a decision to remove him from a witness protection scheme within the prison. He claimed that having been promised protection, he had a legitimate expectation of protection, having been told he would receive protection while he was in prison. He had not eventually been relied upon as a witness. Held: … Continue reading Bloggs 61, Regina (on the Application of) v Secretary of State for the Home Department: CA 18 Jun 2003

Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001

A law which removed a prisoner’s right to vote whilst in prison was not incompatible with his human rights. The implied right to vote under article 3 was not absolute, and states had a wide margin of appreciation as to how and to what extent the right should be limited, provided that the conditions should … Continue reading Regina (Pearson Martinez and Hirst) v Secretary of State for the Home Department and Others; Hirst v Attorney-General: QBD 17 Apr 2001

The Conservative and Unionist Party v The Election Commissioner: CA 23 Nov 2010

A losing candidate at a local election alleged corrupt and illegal practices relating to the entry of non-existent people on the electoral roll and using postal votes. The Election Commissioner found this proved and the election void, and awarded costs against him. He was unable to meet the sum awarded and became bankrupt. The candidate … Continue reading The Conservative and Unionist Party v The Election Commissioner: CA 23 Nov 2010

Thompson v Dann and Another In re a Local Government Election Eel Brook Hammersmith: QBD 3 Nov 1994

The offence of ‘personation’ was not proven without evidence of deliberate misrepresentation as to identity when voting.Proof of personation requires evidence of intention to vote in name of another. Citations: Gazette 16-Nov-1994, Times 03-Nov-1994, Independent 09-Nov-1994 Statutes: Representation of the People Act 1983 60 Jurisdiction: England and Wales Elections, Criminal Evidence Updated: 11 May 2022; … Continue reading Thompson v Dann and Another In re a Local Government Election Eel Brook Hammersmith: QBD 3 Nov 1994

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Buchan v Elliott: QBD 28 Jan 2022

Judges: HHJ Kramer Sitting as a Commissioner Citations: [2022] EWHC 255 (QB) Links: Bailii Statutes: Representation of the People Act 1983 127 Jurisdiction: England and Wales Elections Updated: 14 April 2022; Ref: scu.674514

Rahman, Regina (on The Application of) v The Local Government Election Court: Admn 21 Jun 2017

Application for permission to amend the grounds of a judicial review claim of a decision of the Local Government Election Court which found the Applicant personally guilty and guilty by his agents of a number of electoral offences under the Representation of the People Act 1983. Held: Refused Judges: Llloyd Jones LJ Citations: [2017] EWHC … Continue reading Rahman, Regina (on The Application of) v The Local Government Election Court: Admn 21 Jun 2017

Johnson v Gore Wood and Co: HL 14 Dec 2000

Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000

Finucane, Re Application for Judicial Review: SC 27 Feb 2019

(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led inquiry had said that a proper investigation was required. A promised inquiry under the 2005 Act was objected … Continue reading Finucane, Re Application for Judicial Review: SC 27 Feb 2019

Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991

The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991

Baxter v Fear and Others: QBD 30 Oct 2015

Petitioned seeking a declaration that a local government election was invalid, on the basis of alleged acts and omissions perpetrated by the Returning Officer. Ballot papers had been misprinted with the wrong ward names. Wilkie, Jay JJ [2015] EWHC 3136 (QB) Bailii Representation of the People Act 1983 43 England and Wales Elections Updated: 12 … Continue reading Baxter v Fear and Others: QBD 30 Oct 2015

Erlam and Others v Rahman and Another: QBD 23 Apr 2015

The petitioners had alleged that the respondent, in his or his agent’s conduct of his campaign to be elected Mayor for Tower Hamlets in London in May 2014, had engaged in corrupt and illegal practices. Held: The election was set aside for corrupt practice. The general burden of proof both in respect of the charges … Continue reading Erlam and Others v Rahman and Another: QBD 23 Apr 2015

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

Movement retsriction was not Liberty Deprivation The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed against rejection of their claims on human rights law. Held: The appeal failed. … Continue reading Austin and Another v Commissioner of Police of the Metropolis: HL 28 Jan 2009

The Conservative and Unionist Party v The Election Commissioner and Others: Admn 19 Feb 2010

A local election result had been set aside for fraud in the winning Conservative candidate. The Commissioner made an order for costs against his party which was now challenged for lack of jurisdiction the Commissioner being functus officio, and the court was now asked to determine the extent to which someone who was not a … Continue reading The Conservative and Unionist Party v The Election Commissioner and Others: Admn 19 Feb 2010

Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 Dec 2002

The claimants sought to issue election petitions to challenge the results of local elections. The petitioners had complied with all the rules save that they had failed to serve the notice of presentation within the five day period. The claimants argued that the Civil Procedure Rules took sway over the Election Rules, and that the … Continue reading Ullah and Others, Ahmed v Pagel, Scallan, Kennedy: CA 12 Dec 2002

Regina v Rowe, ex parte Mainwaring and Others: CA 27 May 1992

Shortly before polling day in a local government election Liberal Democrat supporters printed and distributed in key wards a leaflet that made assertions about Labour policy. It was distributed in such a way as not to alert voters as to its true source, namely the Liberal Democrats. The losing Labour candidate issued a petition challenging … Continue reading Regina v Rowe, ex parte Mainwaring and Others: CA 27 May 1992

Winterwerp v The Netherlands: ECHR 24 Oct 1979

A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979

Ali v Bashir and Another: QBD 29 Jul 2013

Challenge to the election of the defendant as a councillor. Mr Ali alleged that Mr Bashir and his electoral ‘team’ had caused false names to be entered on the electoral register for the Ward. The names entered were those of either people who did not reside at the address stated or, in some cases, people … Continue reading Ali v Bashir and Another: QBD 29 Jul 2013

Erlam and Others v Rahman and Another: QBD 7 Aug 2014

Reasons for refusal of order for trial of cause under the 1983 Act to be held outside the constituency. The application was based upon allegations of electors being intimidated. Held: The application was dismissed: ‘The evidence, in my view, falls far short of establishing the special circumstances that would warrant moving the trial from the … Continue reading Erlam and Others v Rahman and Another: QBD 7 Aug 2014

Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made. Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards of evidence therefore applied, and hearsay evidence was admissible. Nevertheless, the test as to whether it was … Continue reading Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others: HL 17 Oct 2002

Hirst v United Kingdom (2): ECHR 6 Oct 2005

(Grand Chamber) The applicant said that whilst a prisoner he had been banned from voting. The UK operated with minimal exceptions, a blanket ban on prisoners voting. Held: Voting is a right not a privilege. It was a right central in a democratic society. Though the right is not absolute, any limitation had to be … Continue reading Hirst v United Kingdom (2): ECHR 6 Oct 2005

Afzal, Regina (on the Application of) v Election Court and others: CA 26 May 2005

The appellant sought judicial review of the decision of the election court as to his conduct at an election to certify him guilty of corrupt and illegal practices. Held: The allegations against the appellants were so serious that though the proceedings were in their nature civil, evidence to a criminal standard was required. That was … Continue reading Afzal, Regina (on the Application of) v Election Court and others: CA 26 May 2005

Watkins v Woolas: QBD 5 Nov 2010

The petitioner said that in the course of the election campaign, the respondent Labour candidate had used illegal practices in the form of deliberately misleading and racially inflammatory material. Held: The claim succeeded, and the election result was set aside. The defendant had made several untrue statements relating to the character of the petitioner, fully … Continue reading Watkins v Woolas: QBD 5 Nov 2010

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Moohan and Another v The Lord Advocate: SC 17 Dec 2014

The petitioners, convicted serving prisoners, had sought judicial review of the refusal to allow them to vote in the Scottish Referendum on Independence. The request had been refused in the Outer and Inner Houses. Held: (Kerr, Wilson JJSC dissenting) The ban did not infringe the prisoners’ human rights. The referendum was not an election to … Continue reading Moohan and Another v The Lord Advocate: SC 17 Dec 2014

Woolas, Regina (on The Application of) v The Speaker of The House of Commons: Admn 3 Dec 2010

The claimant sought to challenge the decision of an Election court setting aside his election as a Member of Parliament. The court was asked to decide whether it had jurisdiction to review a determination by the Election Court of a point of law, and if so whether that court had correctly decided as to the … Continue reading Woolas, Regina (on The Application of) v The Speaker of The House of Commons: Admn 3 Dec 2010

Tovey and Others v Ministry of Justice: QBD 18 Feb 2011

The claimants, serving prisoners, sought damages saying that the refusal to allow them to vote was in infringement of their human rights. The large numbers of claims had been consolidated in London. The claimant sought to withdraw his claim. Held: The claims failed and were struck out: ‘there are no reasonable grounds in domestic law … Continue reading Tovey and Others v Ministry of Justice: QBD 18 Feb 2011

In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010

The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to take disciplinary proceedings without allowing him legal representation. The school now appealed … Continue reading G, Regina (on The Application of) v X School and Others: CA 20 Jan 2010