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 the view taken by the commissioner and was correct. However, having reviewed the conduct of the case, the commissioner had failed to allow to the appellant sufficient opportunity to answer the allegations made against him. Whilst this appeal must be allowed, the court expressed its admiration for the clarity of the commissioner’s judgment and said that this decision should not be taken to undermine the findings against others which findings had not been challenged.
Lord Phillips of Worth Matravers MR, Brooke LJ, Dyson LJ
[2005] EWCA Civ 647, Times 07-Jun-2005
Bailii
Representation of the People Act 1983 127
England and Wales
Citing:
Cited – Mahon v Air New Zealand Ltd PC 1984
There had been an inquiry into a tragic air crash. The appellants said that though identified by the Royal Commissioner (a High Court judge) as being parties to ‘an orchestrated litany of lies’, they had not been given a proper opportunity to answer . .
Cited – Holland v Her Majesty’s Advocate (Devolution) PC 11-May-2005
The defendant appealed his convictions for robbery. He had been subject to a dock identification, and he complained that the prosecution had failed in its duties of disclosure.
Held: The combination of several failings meant that the defendant . .
Lists of cited by and citing cases may be incomplete.
Elections
Leading Case
Updated: 09 November 2021; Ref: scu.225282
