Search Results for: Representation of the People Act 1983 60

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Acts

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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

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

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

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

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