Category: Elections

Re Kensington North Parliamentary Election: 1960

‘The question of the burden of proof does not, on the strict wording of section 16, really arise . . I think that with the change of wording under section 16(3) of the Act of 1949 it is for the court to make up its mind on the evidence as a whole whether there was a substantial compliance with the law as to elections or whether the act or omission affected the result’

Judges:

Streatfeild J, Slade J

Citations:

[1960] 1 WLR 762

Statutes:

Representation of the People Act 1949 16

Jurisdiction:

England and Wales

Cited by:

Cited – Edgell v Glover, Garnett (Returning Officer) QBD 4-Nov-2003
The constituency had adopted an all postal ballot, resulting in a counted majority of one. One ballot paper’s confirmation of identity had not been signed.
Held: The function of the court, exercising its jurisdiction under section 48(1), is . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 06 December 2022; Ref: scu.187489

East Devon District Council v Electoral Commission (the Boundary Committee for England): Admn 8 Jan 2009

The Council sought to challenge proposals by the Commission for re-organisation of its boundaries. The Secretary of State had asked the Commission to see if there was any proposal which might lead to a unified authority but which also met the criteria identified in Breckland. The council said that the consultation should be all in one, and not in stages.
Held: The application failed. Though attractive, the suggestion made was incorrect: ‘it was open to the Committee, in performing its statutory task, to choose to defer consideration of affordability until publication of its draft proposal. In the circumstances that was not irrational, since the Committee did not wish to impose undue burdens on local authorities at an earlier stage, and also needed to collate information from them in the form of the workbooks with relevant financial information’ and ‘whether the public have been consulted in a meaningful and timely manner needs to be assessed against the backdrop of the particular consultation exercise. In my view, like many aspects of our democratic process consultation may be tangled and untidy. It encompasses a multitude of parties with a range of expertise and interest. ‘
‘what must happen is that the Boundary Committee should consider with care whether it would be right to make further alternative proposals for Devon. If it were to decide that that course were appropriate, it would need to comply with the statutory requirements, including that under section 6(4) of consulting on such further proposals. However, the nature of complying with that obligation would be conditioned by what has already occurred. The Boundary Committee could decide, in its discretion, that responses already received were such that a more limited, further consultation was all that was necessary. ‘

Judges:

Cranston J

Citations:

[2009] EWHC 4 (Admin), [2009] WLR(D) 5

Links:

Bailii

Statutes:

Regional Assemblies (Preparations) Act 2003

Jurisdiction:

England and Wales

Citing:

Cited – Breckland District Council and others v The Boundary Committee and Another Admn 28-Nov-2008
The councils sought to challenge the re-organisation of their boundaries. The proposal could result in their abolition and the introduction of a unitary system of local government in that county, extending to part of Suffolk.
Held: Parliament . .
Lists of cited by and citing cases may be incomplete.

Elections, Local Government

Updated: 14 November 2022; Ref: scu.279865

Regina v British Broadcasting Corporation ex parte Quintavelle (PPC for the Prolife Alliance): CA 20 Oct 1997

The applicant stood for Parliament, but the respondent had refused to show his party election broadcast on the grounds of its lack of taste and decency. He had sought to demonstrate the evils of abortion, and now renewed his application for leave to bring judicial review of the decision.
Held: It was not arguable that the respondent’s decision was perverse, and the election having passed, no further virtue was to be served by conducting a full review. Each such decision would be on its own merits.

Judges:

The Master of The Rolls, Lord Woolf, Lord Justice Aldous, Lord Justice Chadwick

Citations:

[1997] EWCA Civ 2531, (1998) 10 Admin LR 425

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v British Broadcasting Corporation ex parte Pro-Life Alliance Party Admn 24-Mar-1997
The complainant sought leave to present a judicial review of the respondent’s refusal to transmit his party election broadcast on the grounds of its absence of taste and decency.
Held: The decision that the offending parts of the transmission . .

Cited by:

Cited – Willers v Joyce and Another (Re: Gubay (Deceased) No 1) SC 20-Jul-2016
Parties had been involved in an action for wrongful trading. This was not persisted with but the claimant sought damages saying that the action was only part of a campaign to do him harm. This appeal raised the question whether the tort of malicious . .
Lists of cited by and citing cases may be incomplete.

Elections, Media, Judicial Review

Updated: 09 November 2022; Ref: scu.142929

Rothery v Evans: QBD 8 Mar 2021

Application for an interim injunction to restrain the Labour Party from proceeding with its candidate selection process for the Liverpool City Region Mayoral Election, which will take place on 6 May 2021.

Judges:

Mr Justice Cavanagh

Citations:

[2021] EWHC 577 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Elections, Contract

Updated: 05 November 2022; Ref: scu.659688

Sevinger v The Netherlands: ECHR 6 Sep 2007

Admissibility – the applicants challenged rejection of their request to be registered to vote, not having been resident in the respondent country for more than 10 years.

Judges:

B.M. Zupancic, P

Citations:

17173/07, [2007] ECHR 1207, (2008) 46 EHRR SE14

Links:

Bailii

Statutes:

European Convention on Human Rights

Human Rights, Elections

Updated: 03 November 2022; Ref: scu.462861

I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party): Admn 21 Jul 2003

The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to purchase the records for its register of addresses.
Held: The consultation had been adequate. The regulations did not create a duopoly, and any new registrant as a credit reference agency could also apply for access to the registers. The regulations were neutral as to the number of registrants. There was no exceptional case here deserving declaratory relief. The company had also delayed bringing its action to such an extent as to deprive it of the right to a judicial review, and nor was there any justification for declaratory relief.

Judges:

The Honourable Mr Justice Maurice Kay

Citations:

[2003] EWHC 1761 (Admin), Times 11-Aug-2003

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – Robertson, Regina (on the Application of) v Experian Ltd and Another (2) Admn 21-Jul-2003
The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence.
Held: The . .
Cited – Regina v North and East Devon Health Authority ex parte Coughlan and Secretary of State for Health Intervenor and Royal College of Nursing Intervenor CA 16-Jul-1999
Consultation to be Early and Real Listening
The claimant was severely disabled as a result of a road traffic accident. She and others were placed in an NHS home for long term disabled people and assured that this would be their home for life. Then the health authority decided that they were . .
Cited – Pyx Granite Ltd v Ministry of Housing and Local Government HL 1959
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court . .
Cited – Imperial Tobacco Ltd v Attorney-General HL 1980
The applicant sought a declaration as to the lawfulness of a lottery scheme whilst criminal proceedings were pending against it for the same scheme.
Held: It was not necessary to decide whether a declaration as to the criminality or otherwise . .
Cited – Attorney-General v Able and Others QBD 28-Apr-1983
The Attorney General sought a declaration as to whether it would be the crime of aiding and abetting or counselling and procuring suicide, to distribute a booklet published by the respondent which described various effective ways of committing . .
Cited – Regina v Her Majesty’s Attorney General ex parte Rusbridger and Another HL 26-Jun-2003
Limit to Declaratory Refilef as to Future Acts
The applicant newspaper editor wanted to campaign for a republican government. Articles were published, and he sought confirmation that he would not be prosecuted under the Act, in the light of the 1998 Act.
Held: Declaratory relief as to the . .
Lists of cited by and citing cases may be incomplete.

Elections, Judicial Review

Updated: 03 November 2022; Ref: scu.184880

Scoppola v Italy (No 3): ECHR 18 Jan 2011

(referral to the grand chamber)

Judges:

F Tulkens P

Citations:

126/05 French Text, [2011] ECHR 2417

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – Scoppola v Italy (No 3) ECHR 22-May-2012
(Grand Chamber) A prisoner serving a sentence of 30 years imprisonment for murder, attempted murder and other offences object to his disenfranchisement under Italian law. . .
Lists of cited by and citing cases may be incomplete.

Elections, Prisons

Updated: 01 November 2022; Ref: scu.460678

Scoppola v Italy (No 3): ECHR 22 May 2012

(Grand Chamber) A prisoner serving a sentence of 30 years imprisonment for murder, attempted murder and other offences object to his disenfranchisement under Italian law.

Citations:

126/05, [2012] ECHR 868

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See Also – Scoppola v Italy (No 3) ECHR 18-Jan-2011
(referral to the grand chamber) . .

Cited by:

Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Elections, Prisons

Updated: 01 November 2022; Ref: scu.460181

Ashby v White: KBD 1703

Mr Ashby a burgess of the borough of Aylesbury was deprived of his right to vote by the misfeasance of a returning officer.
Held: The majority rejected the claim.
Lord Holt CJ (dissenting) An action would lie: ‘If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy: for want of a right and want of remedy are reciprocal . . . My brother Powell thinks that an action on the case is not maintainable because there is no hurt or damage to the plaintiff but surely every injury imports a damage, though it does not cost the party one farthing, and it is impossible to prove the contrary; for a damage is not merely pecuniary but an injury imports a damage, when a man is thereby hindered of his rights.’ The right to vote was ‘a thing of the highest importance’ and on his ruling: ‘If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal’.

Judges:

Lord Holt CJ

Citations:

[1703] 92 ER 126, 1 Smith’s Leading Cases (13th ed ) 253

Cited by:

Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Watkins v Secretary of State for The Home Departmentand others CA 20-Jul-2004
The claimant complained that prison officers had abused the system of reading his solicitor’s correspondence whilst he was in prison. The defendant argued that there was no proof of damage.
Held: Proof of damage was not necessary in the tort . .
Cited – Webb v Portland Manufacturing Co 1838
‘But I am not able to understand how it can correctly be said, in a legal sense, that an action will not lie, even in the case of a wrong or violation of a right, unless it is followed by some perceptible damage which can be established as a matter . .
Cited – Embrey v Owen 1851
Parke B said: ‘It was very ably argued before us by the learned counsel for the plaintiffs that the plaintiffs had a right to the full flow of the water in its natural course and abundance, as an incident to their property in the land through which . .
Cited – Neville v London Express Newspaper HL 1919
The question was whether, in order to recover damages for the tort which existed, it was necessary to show specific loss.
Held: An action for damages for maintenance will not lie in the absence of proof of special damage. . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Elections

Updated: 25 October 2022; Ref: scu.186665

John Hinton v Humphrey Hinton, Town Clerk of Wenlock: 23 Jan 1845

Whether the name subscribed to a notice of objection is so subscribed as to be commonly understood to be the same as that by which the objector is designated in the list of voters, is a question not of law, but of fact.

Citations:

[1845] EngR 402 (B), (1845) 7 Man and G 163

Links:

Commonlii

Jurisdiction:

England and Wales

Elections

Updated: 22 September 2022; Ref: scu.303544

Knight v Nicholls and Another: CA 29 Jan 2004

The complainant said that in posting the postal voting forms, the returning officer had failed to ‘issue’ the ballot papers as required by the regulations.
Held: The word ‘issue’ did not mean the same as succesfully deliver. The regulations clearly accepted the postal system as a satisfactory way of issuing te ballot papers.

Judges:

Tuckey, Sedley, Wall LJJ

Citations:

Times 05-Feb-2004, [2004] EWCA Civ 68, [2004] 1 WLR 1653

Links:

Bailii

Statutes:

Local Elections (Principal Area) Rules 1986

Jurisdiction:

England and Wales

Citing:

Appeal from – Knight v Nicholls and Another QBD 19-Dec-2003
The returning officer had done what he could by sending out voting forms by post. It was not his fault if some were not delivered. The rules required them to be sent. . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 17 September 2022; Ref: scu.431562

Grieve v Douglas-Home: SCS 23 Dec 1964

(Election Court)

Judges:

Lord Migdale

Citations:

[1964] ScotCS 3, 1965 SC 315, 1965 SLT 186

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

Distinguished – Director of Public Prosecutions v Luft HL 26-May-1976
The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 17 September 2022; Ref: scu.279471

Knight v Nicholls and Another: QBD 19 Dec 2003

The returning officer had done what he could by sending out voting forms by post. It was not his fault if some were not delivered. The rules required them to be sent.

Citations:

Times 29-Jan-2004

Statutes:

Local Elections (Principal Area) Rules 1986 (1986 No 2214) 19 76(2)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Knight v Nicholls and Another CA 29-Jan-2004
The complainant said that in posting the postal voting forms, the returning officer had failed to ‘issue’ the ballot papers as required by the regulations.
Held: The word ‘issue’ did not mean the same as succesfully deliver. The regulations . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 16 September 2022; Ref: scu.194068

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 conviction is set aside on appeal, all penalties imposed at the time of conviction should also, so far as possible, be set aside. It would require very clear statutory language to suggest otherwise and that is not to be found in section 160(4) or elsewhere in the 1983 Act. Where there is a conviction of the type with which we are concerned in this case, there is not only a need to do justice to the individual, but also to the electors she represents, and a need if possible to avoid the trauma and expense of a fresh election if there is no justification for that course.’

Judges:

Kennedy LJ, Mitchell J

Citations:

[1999] EWHC 837 (Admin), [1999] 3 All ER 436, [1999] 3 WLR 444, (1999) 11 Admin LR 557, [2000] QB 66

Links:

Bailii

Statutes:

Representation of the People Act 1983

Jurisdiction:

England and Wales

Elections, Constitutional

Updated: 08 September 2022; Ref: scu.431595

Vote Leave Ltd v The Electoral Commission: CA 12 Nov 2019

The court rejected a complaint from the claimant as to its publishing a report critical of the claimant.
Held: The complaint was rejected. It was within the powers of the respondent.

Judges:

Underhill LJ VP, Sigh, Nicola Davies LJJ

Citations:

[2019] EWCA Civ 1938

Links:

Bailii

Statutes:

Political Parties, Elections and Referendums Act 2000

Jurisdiction:

England and Wales

Elections, Administrative

Updated: 07 September 2022; Ref: scu.643878

Rob Robb, William Miller, Senior, and George Robb, Burgesses of The Burgh of Anstruther Wester v William Thompson and Others, The Magistrates and Councillors of The Said Burgh: HL 26 Apr 1785

Burgh Election – Competency of Suit. – Held that burgesses, not being also councillors of the burgh, were not entitled to carry on a suit to set aside the election of the magistrates and town councillors of the burgh.

Citations:

[1785] UKHL 3 – Paton – 21

Links:

Bailii

Jurisdiction:

Scotland

Elections

Updated: 03 September 2022; Ref: scu.562205

Frodl v Austria: ECHR 8 Apr 2010

The applicant alleged that his disenfranchisement because he was serving a term of imprisonment of more than one year constituted a breach of his rights under Article 3 of Protocol No. 1.

Judges:

Christos Rozakis, P

Citations:

(2011) 52 EHRR 5, [2010] ECHR 508, 20201/04

Links:

Bailii

Statutes:

European Convention on Human Rights P1A3

Citing:

Admissibility – Frodl v Austria ECHR 8-Jan-2009
Admissibility . .

Cited by:

Cited – 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.
Judgment – Helmut Frodl v Austria ECHR 14-Sep-2011
Execution of judgment . .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Elections

Updated: 03 September 2022; Ref: scu.430520

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:

At Commission – 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 . .
Grand Chamber – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Elections

Updated: 03 September 2022; Ref: scu.430457

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. 1
Vote
Restriction on voting rights of non-resident citizens: no violation
Facts – The applicant, a British national, left the United Kingdom in 1982 following his retirement and moved to Italy with his . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Elections

Updated: 02 September 2022; Ref: scu.429699

Culnane v Morris and Another: QBD 8 Nov 2005

No specific privilege arises from the fact that a statement has been made in the context of an election campaign.

Judges:

Eady J

Citations:

[2005] EWHC 2438 (QB), [2006] 1 WLR 2880

Links:

Bailii

Statutes:

Defamation Act 1952 10

Jurisdiction:

England and Wales

Cited by:

Cited – Quinton v Peirce and Another QBD 30-Apr-2009
One election candidate said that another had defamed him in an election leaflet. Additional claims were made in injurious falsehood and under the Data Protection Act.
Held: The claim in defamation failed. There were no special privileges in . .
Lists of cited by and citing cases may be incomplete.

Defamation, Elections

Updated: 22 August 2022; Ref: scu.235123

The Good Law Project, Regina (on The Application of) v The Electoral Commission: CA 17 Sep 2019

Appeal by the Electoral Commission against an order of the Divisional Court by which it granted the Good Law Project’s application for judicial review of the Electoral Commission’s decision not to open an investigation into campaign spending of, and donations received by, Vote Leave Limited and Mr Darren Grimes in connection with the referendum on membership of the European Union.
Held: The appeal succeeded: ‘the correct interpretation of the legislation read as a whole is that a donation to a permitted participant cannot also be an expense incurred by the donor. This interpretation accords both with the natural and ordinary meaning of the 2000 Act and its underlying objectives. It would provide clarity for all those concerned who have to interpret and apply the legislation in a practical way.’

Judges:

The Lord Chief Justice, Lord Justice Singh and Lady Justice Nicola Davies

Citations:

[2019] EWCA Civ 1567

Links:

Bailii

Statutes:

Political Parties, Elections and Referendums Act 2000 111(2)

Jurisdiction:

England and Wales

Elections

Updated: 18 August 2022; Ref: scu.641792

Lynch v British Broadcasting Corporation: QBNI 1983

Impartiality in the context of a broadcasters duties during an election is not to be equated simply with parity or balance as between political parties of different strengths, popular support and appeal.

Judges:

Hutton J

Citations:

[1983] NI 193 QBD

Jurisdiction:

Northern Ireland

Cited by:

Cited – Regina v British Broadcasting Corporation, ex parte Referendum Party; Regina v Independent Television Commission, ex parte Referendum Party Admn 24-Apr-1997
The Referendum Party challenged the allocation to it of less time for election broadcasts. Under the existing agreements, having fielded over 50 candidates, they were allocated only five minutes.
Held: Neither the inclusion of past electoral . .
Lists of cited by and citing cases may be incomplete.

Media, Elections, Northern Ireland

Updated: 16 August 2022; Ref: scu.181970

Soyler v Turkey: ECHR 17 Sep 2013

ECHR Article 3 of Protocol No. 1
Vote
Automatic and indiscriminate disenfranchisement of persons convicted of intentional offences, irrespective of the nature and gravity of the offence: violation
Facts – Under Turkish law, persons convicted of having intentionally committed an offence are unable to vote. Their disenfranchisement does not come to an end if they are released from prison on probation, but only when the full period for which they were originally sentenced has elapsed. Likewise, when a prison sentence longer than one year is suspended and the convicted person does not serve any time in prison, he or she will still be unable to vote for the duration of the period for which the sentence is suspended.
The applicant was given a five-year sentence for cheque fraud in 2007. He was released on probation two years later. Between 2007 and 2012 two general elections were held but he was unable to vote in either.
Law – Article 3 of Protocol No. 1: In so far as the restrictions placed on voting rights in Turkey were applicable to convicted persons who did not even serve a prison term, they were harsher and more far-reaching than those applicable in the United Kingdom, Austria and Italy, which had been the subject matter of examination by the Court in its judgments in the cases of Hirst (no. 2), Frodl and Scoppola (no. 3). In Turkey, disenfranchisement was an automatic consequence derived from statute, and was therefore not left to the discretion or supervision of the judiciary. Moreover, unlike the situation in Italy which had been examined in the case of Scoppola (no. 3), the measure restricting the right to vote in Turkey was indiscriminate in its application in that it did not take into account the nature or gravity of the offence, the length of the prison sentence – leaving aside suspended sentences of less than one year – or the individual circumstances of the convicted persons. The Turkish legislation contained no express provisions categorising or specifying any offences for which disenfranchisement was foreseen. The Court did not consider that the sole requirement of the element of ‘intent’ in the commission of the offence was sufficient to lead it to conclude that the current legal framework adequately protected the rights in question and did not impair their very essence or deprive them of their effectiveness. As such, the applicant’s case illustrated the indiscriminate application of the restriction even to persons convicted of relatively minor offences. Furthermore, the Court was also unable to see any rational connection between the sanction and the applicant’s conduct and circumstances. The automatic and indiscriminate application of this harsh measure on a vitally important Convention right had to be seen as falling outside any acceptable margin of appreciation.
Conclusion: violation (unanimously).
Article 41: Finding of a violation constituted sufficient just satisfaction in respect of any non-pecuniary damage.
(See: Hirst v. the United Kingdom (no. 2) [GC], 74025/01, 6 October 2005, Information Note 79; Frodl v. Austria, 20201/04, 8 April 2010, Information Note 129; and Scoppola v. Italy (no. 3) [GC], 126/05, 22 May 2012, Information Note 152)

Citations:

29411/07 – Legal Summary, [2013] ECHR 962, [2013] ECHR 1198

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Human Rights, Elections

Updated: 16 August 2022; Ref: scu.516478

Mabbutt (on His Own Behalf and On Behalf of The Conservative Party): QBD 8 Jul 2014

The applicant sought relief under the 2004 Regulations after, as agent for several Conservative party candidates, had had distributed election materials which had not correctly included the necessary details identifying the printer etc.
Held: Relief was granted.

Judges:

Nicol, Popplewell JJ

Citations:

[2014] EWHC 2244 (QB)

Links:

Bailii

Statutes:

European Parliamentary Elections Regulations 2004

Jurisdiction:

England and Wales

Elections

Updated: 07 August 2022; Ref: scu.533868

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 Elections Act 2002 8, European Convention on Human Rights P1-3, Human Rights Act 1998 4

Cited by:

Cited – 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 . .
At First Instance – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights, Elections

Updated: 05 August 2022; Ref: scu.381463

Robert W Greens v The United Kingdom: ECHR 27 Aug 2009

Citations:

60041/08, [2009] ECHR 1274

Links:

Bailii

Statutes:

European Convention on Human Rights

Citing:

See Also – Greens v Her Majesty’s Advocate HCJ 12-Sep-2007
The defendant appealed against his sentence of seventeen years’ imprisonment for a violent rape. . .

Cited by:

See Also – 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 . .
See Also – Greens and Others, Re Application for Judicial Review SCS 12-May-2011
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Elections

Updated: 04 August 2022; Ref: scu.375432

Moohan and Black Gillon v The Lord Advocate: SCS 2 Jul 2014

Inner House – Challenge to denial to prisoners of right to vote in forthcoming independence referendum. They said it was contrary to Human Rights and European Law.
Held: The House refused a reclaiming motion by the petitioners.

Judges:

Lady Paton

Citations:

[2014] ScotCS CSIH – 56

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Appeal from – Moohan, Re Judicial Review SCS 19-Dec-2013
Outer House – the petitioners, each convicted serving prisoners, complained of the blanket ban on them voting in the referendum on Scottish Independence.
Held: The petition was refused. The Act was not a breach of the petitioners’ rights under . .

Cited by:

Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Prisons, Elections, Constitutional

Updated: 03 August 2022; Ref: scu.534155

Moohan, Re Judicial Review: SCS 19 Dec 2013

Outer House – the petitioners, each convicted serving prisoners, complained of the blanket ban on them voting in the referendum on Scottish Independence.
Held: The petition was refused. The Act was not a breach of the petitioners’ rights under European law: ‘by enacting the Franchise Act, the Scottish Parliament is not exercising competence in the sphere of nationality. It is not purporting to make a decision about EU membership or EU citizenship. The process which it is putting in place by the independence referendum is not a process which will have any direct impact on the question of EU membership or EU citizenship.’

Judges:

Lord Glennie

Citations:

[2013] ScotCS CSOH – 199, 2014 GWD 3-55, 2014 SLT 213

Links:

Bailii

Statutes:

Scottish Independence Referendum (Franchise) Act 2013 3

Jurisdiction:

Scotland

Cited by:

Appeal from – Moohan and Black Gillon v The Lord Advocate SCS 2-Jul-2014
Inner House – Challenge to denial to prisoners of right to vote in forthcoming independence referendum. They said it was contrary to Human Rights and European Law.
Held: The House refused a reclaiming motion by the petitioners. . .
At Outer House – 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 . .
Lists of cited by and citing cases may be incomplete.

Prisons, Elections, Human Rights, European

Updated: 03 August 2022; Ref: scu.519745

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 between different categories of offender or crime, but did not apply the same rules to prisoners on remand or imprisoned for non-payment of fines or contempt. There was no evidence of the issues having been considered by parliament in a way which took account of the issues of human rights.

Citations:

74025/01, Times 08-Apr-2004, (2004) 38 EHRR 825, [2004] ECHR 122

Links:

Worldlii, Bailii

Statutes:

Representation of the People Act 1983 3, European Convention on Human Rights A3-1

Jurisdiction:

Human Rights

Citing:

Appeal from – 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 . .

Cited by:

Cited – Nilsen v HM Prison Full Sutton and Another CA 17-Nov-2004
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. . .
At Commission – 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 . .
At Commission – 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. . .
Cited – Tigere, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills SC 29-Jul-2015
After increasing university fees, the student loan system was part funded by the government. They introduced limits to the availability of such loans, and a student must have been lawfully ordinarily resident in the UK for three years before the day . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Elections

Updated: 24 July 2022; Ref: scu.195514

Absalom v Gillett: QBD 1995

An application was made under rule 13 to strike out a local government election petition for non-compliance with s.136(3) and rule 6: the petitioners there had served the notice on the returning officer but had not served the successful candidates. The question arose as to whether a candidate should be joined to an application for an election petition.
Held: A party whose very status as a democratic representative is sought to be impugned by litigation before the court should have the right to be heard. It is an affront to justice that the successful candidates have no right to be heard on this petition. Successful candidates whose election is impugned by a petition such as this should be made respondents. ‘There is, so far as we are aware, no material difference between the statutory provisions and rules in play in these authorities and those with which we are here concerned.’ and ‘It is quite plain that the whole of the case law to date is one way, and supports the proposition that a successful candidate whose election is sought to be impugned must be made a respondent, and that if he is not the petition cannot go forward. . . . If a petition is to be brought, it must be so served [ie upon the successful candidate]. The requirement is mandatory . . . It follows that this petition is incompetent, and must be struck out. We reach this conclusion with very considerable regret. In the course of argument we made no secret of our view that, if the respondent’s application was good, an injustice would be perpetrated. We remain of that view. This petition has at least arguable merits . . . We greatly doubt whether the public interest in the speedy determination of election disputes – an interest which we readily acknowledge – requires so draconian a regime as regards time for service as that created by rule 19 of the Election Petition Rules 1960. We should have thought there should be scope for some limited judicial discretion to extend time, though no doubt it would be sparingly exercised, and only if very good cause were shown. But that is not the present position. Given the present state of the law, the application to strike out must succeed.’

Judges:

Laws and Forbes JJ

Citations:

[1995] 2 All ER 661, [1995] 1 WLR 128

Jurisdiction:

England and Wales

Citing:

Cited – Williams v Mayor of Tenby CCP 1879
The defendant had not given appropriate notices under the act and complained that his petition had been struck out: ‘It is said that there would be hardship supposing money deposited, if mere omission of notices should prevent a petition. I see no . .
Cited – Devan Nair v Yong Kuan Teik PC 1967
(Malaysia) The Malaysian election rules provide in certain circumstances for service by a notice published in the Gazette but such notice was in the event out of time.
Held: The respondent’s appeal should be allowed and the petition struck . .

Cited by:

Cited – 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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 21 July 2022; Ref: scu.179772

Khan, Islam, Jahan, Kazi v The Election Commissioner 2 and 4. the Election Commissioner for Aston Ward 3. Election Court at Birmingham Midland Institute: QBD 19 Oct 2005

The court considered the difficulties created by the new systems for postal voting.

Judges:

Mr Justice Newman Lord Justice Scott Baker

Citations:

[2005] EWHC 2365 (Admin), M/309/04 (Bordesley Green), M/307/04 (Aston)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Simmons v Khan QBD 18-Mar-2008
The petitioner, a candidate on a local election, alleged that her opponent had arranged for the registration of many false names, and then used the associated postal votes.
Held: Where the 1983 Act or any related electoral statute makes . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 17 July 2022; Ref: scu.236092

Z v Latvia: ECHR 24 Jan 2008

The applicant alleged that his detention on remand was excessively long, that the proceedings against him were unreasonably long and that he was denied a fair trial since his requests to examine witnesses against him and to obtain the attendance and examination of further witnesses were refused by the domestic courts.
The court declared inadmissible the applicant’s complaint that he had not been allowed to vote in the referendum on the accession of Latvia to the EU. The obligations imposed on Contracting States by A3P1 were ‘limited to parliamentary elections and do not apply to referendums’.

Judges:

BM Zupancic P

Citations:

14755/03, [2008] ECHR 76

Links:

Bailii, Hudoc

Statutes:

European Convention on Human Rights

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Prisons, Elections

Updated: 13 July 2022; Ref: scu.264393

Les Verts v Parliament: ECJ 25 Feb 1988

(Judgment) Annulment of the decisions implementing Item 3708 of the 1984 Budget of the European Communities – Contribution to the information campaign for the 1984 European elections.

Citations:

C-190/84, [1988] EUECJ C-190/84

Links:

Bailii

Jurisdiction:

European

Elections

Updated: 13 July 2022; Ref: scu.133941

Les Verts v Parliament: ECJ 23 Apr 1986

(Judgment) Action for annulment – Information campaign for the elections to the European Parliament.

Citations:

C-294/83, [1986] EUECJ C-294/83, ECLI:EU:C:1986:166

Links:

Bailii

Jurisdiction:

European

Cited by:

Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 13 July 2022; Ref: scu.133785

Director of Public Prosecutions v Luft: HL 26 May 1976

The defendants were campaigning against the National Front in an election. They were separately said to have distributed leaflets infringing the 1949 Act, in that the expenses were not authorised, and the leaflets did not have the name of the printer. One magistrate held that the offence was committed only if there was an intention to support one candidate, and the other had been convicted. The divisional court certified a case to the House.
Held: ‘where there are more than two candidates for a constituency, to persuade electors not to vole for one of those candidates in order to prevent his being elected must have the effect of improving the collective prospect of success of the other candidates though it may be uncertain which one of them will benefit most. So in anyone sophisticated enough politically to want to intermeddle in a parliamentary election at all, an intention to prevent the election of one candidate will involve also an intention to improve the chances of success of the remaining candidate if there is only one, or of one or other of the remaining candidates if there are more than one, although the person so intending may be indifferent as to which of them will be successful.’

Judges:

Lord Diplock, Lord Salmon, Lord Edmund-Davies, Lord Fraser of Tullybelton, Lord Russell of Killowen

Citations:

[1976] UKHL 4, [1977] AC 962, [1976] 2 All ER 569, [1976] 3 WLR 32

Links:

Bailii

Statutes:

Representation of the People Act 1949 63

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Hailwood and Ackroyd Ltd CCA 1928
During a parliamentary by-election in which there were three candidates, Conservative, Liberal and Labour, the accused had in- curred expenses on account of issuing publications which were antagonistic to the Conservative candidate and advised the . .
Cited – Regina v Tronoh Mines Ltd 1952
(Central Criminal Court) The defendant, while a general election was pending, published in a national newspaper an advertisement attacking the financial policy of the outgoing Labour government.
Held: The interpretion of laws restricting . .
Distinguished – Grieve v Douglas-Home SCS 23-Dec-1964
(Election Court) . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 09 July 2022; Ref: scu.248616

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 incompatibility was necessary. The Court of Session was a body able to make such an order. The 2000 Act had already restored the rights of prisoners held on remand, but more was required.

Judges:

Lord Abernathy

Citations:

[2007] ScotCS CSIH – 9, 2007 SLT 137, [2007] CSIH 9, 2007 SC 345, 2007 GWD 3-46, 2007 SCLR 268

Links:

Bailii

Statutes:

Representation of the People Act 1983 3(1), Representation of the People Act 2000

Citing:

Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – 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 . .

Cited by:

Cited – 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.
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Scotland, Elections, Prisons, Human Rights

Updated: 09 July 2022; Ref: scu.248025

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 without his consent. The commissioner concluded that he had clearly consented when giving the interview, and that the intention was to assist his prospects at the election. That judgment was clearly within the realms of the reasonable, and should not be set aside.

Judges:

Latham J

Citations:

[1995] EWHC Admin 5

Links:

Bailii

Statutes:

Representation of the People Act 1983 93 (1)(b)

Jurisdiction:

England and Wales

Elections, Media

Updated: 08 July 2022; Ref: scu.136190

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 returnimg officer’s appeal succeeded, and the election should proceed. The Act and rules contained no explicit power to countermand for the High Court. The returning officer had failed to comply with a duty to check the papers in time to allow corrections, and that breach was causative of the wrong complained of, and had the errors been established, they could have been corrected. However, the conditions necessary to establish a legitimate expectation, as set out in Rowland, had not been met, and that element of claim failed.
Theere was a high likelihood of the applicants’ being elected, but at the same time any interference of the sort suggested should be granted in only the most exceptional circumstances. The likelihood of success at any challenge was not however so high as to allow a court to find that they would be bound to succeed.

Judges:

Sir Anthony Clarke MR, Rix, Maurice Kay LJJ

Citations:

[2006] EWCA Civ 733

Links:

Bailii

Statutes:

Representation of the People Act 1983 39(1)

Jurisdiction:

England and Wales

Citing:

Cited – Regina (De Beer and Others) v Balabanoff, Returning Officer for the London Borough of Harrow Admn 11-Apr-2002
Candidates in a local election submitted their nominations, but they were rejected by the returning officer. The original nominations were rejected because of the possibility of confusion between candidates. Amended papers were not properly . .
Cited – Rowland v The Environment Agency CA 19-Dec-2003
The claimant owned a house by the river Thames at Hedsor Water. Public rights of navigation existed over the Thames from time immemorial, and its management lay with the respondent. Landowners at Hedsor had sought to assert that that stretch was now . .
Lists of cited by and citing cases may be incomplete.

Elections, Administrative

Updated: 08 July 2022; Ref: scu.245864

Eman and Sevinger (European Citizenship): ECJ 12 Sep 2006

ECJ (Opinion) European Parliament – Elections – Right to vote – Requirements of residence in the Netherlands for Netherlands citizens of Aruba – Citizenship of the Union.

Judges:

A Tizzano AG

Citations:

C-300/04, [2006] EUECJ C-300/04, [2009] QB 307, [2006] ECR I-8055, ECLI:EU:C:2006:545, [2007] All ER (EC) 486, [2007] 1 CMLR 4

Links:

Bailii

Cited by:

Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – Bucnys v Ministry of Justice SC 20-Nov-2013
The Court considered requests made by European Arrest Warrants for the surrender under Part 1 of the Extradition Act 2003 of three persons wanted to serve sentences imposed upon their conviction in other member states of the European Union. The . .
Lists of cited by and citing cases may be incomplete.

European, Elections

Updated: 07 July 2022; Ref: scu.244997

Mckinney, Re Application for Judicial Review: CANI 26 Apr 2006

Appeal from the judgment of Weatherup J dismissing the appellant’s judicial review application challenging the decision of the Secretary of State to restrict his participation as a candidate in the Northern Ireland Assembly elections because he was a civil servant.

Judges:

Kerr LCJ, Sheil LJ and Deeny J

Citations:

[2006] NICA 15

Links:

Bailii

Jurisdiction:

Northern Ireland

Elections

Updated: 06 July 2022; Ref: scu.241412

Simmons v Khan: QBD 18 Mar 2008

The petitioner, a candidate on a local election, alleged that her opponent had arranged for the registration of many false names, and then used the associated postal votes.
Held: Where the 1983 Act or any related electoral statute makes conduct in relation to an election into a criminal offence, that conduct does amount to an illegal practice for the purposes of avoiding an election whether or not this is expressly spelled out in the section concerned. The question was whether the result should stand if the opponent would have won even without the results of the corrupt practice.

Judges:

Mawrey QC

Citations:

[2008] EWHC B4 (QB)

Links:

Bailii

Statutes:

Representation of the People Act 1983 127, Representation of the People Act 2000

Jurisdiction:

England and Wales

Citing:

Cited – Khan, Islam, Jahan, Kazi v The Election Commissioner 2 and 4. the Election Commissioner for Aston Ward 3. Election Court at Birmingham Midland Institute QBD 19-Oct-2005
The court considered the difficulties created by the new systems for postal voting. . .
Lists of cited by and citing cases may be incomplete.

Elections

Updated: 01 July 2022; Ref: scu.270290

Py v France: ECHR 11 Jan 2005

The claimant, a French national wished to vote in a French overseas territory. Registration was refused because he had not been permanently resident for ten years. The local administration was concerned that ballots should reflect the will of the local population and should not be affected by mass voting by recent arrivals in the territory who did not have strong ties with it. The ten year residence requirement had been laid down ‘after a turbulent political and institutional history’ and had been instrumental in alleviating the ‘bloody conflict’.
Held: The restrictions imposed on the applicant’s right to vote were warranted. The court stated as general principles: ‘Contracting States have a wide margin of appreciation, given that their legislation on elections varies from place to place and from time to time. The rules on granting the right to vote, reflecting the need to ensure both citizen participation and knowledge of the particular situation of the region in question, vary according to the historical and political factors peculiar to each state. The number of situations provided for in the legislation on elections in many member States of the Council of Europe shows the diversity of possible choice on the subject. However, none of these criteria should in principle be considered more valid than any other provided that it guarantees the expression of the will of the people through free, fair and regular elections. For the purposes of applying Art.3, any electoral legislation must be assessed in the light of the political evolution of the country concerned, so that features that would be unacceptable in the context of one system may be justified in the context of another.’ and ‘The State’s margin of appreciation, however, is not unlimited. It is for the Court to determine in the last resort whether the requirements of Protocol No.1 have been complied with. It has to satisfy itself that any such conditions do not curtail the rights in question to such an extent as to impair their very essence and deprive them of their effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate. In particular, such conditions must not thwart ‘the free expression of the opinion of the people in the choice of the legislature’.’

Citations:

66289/01, [2005] ECHR 7, [2006] 42 EHRR 26

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Cited by:

Cited – Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others CA 2-Dec-2008
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Elections

Updated: 01 July 2022; Ref: scu.227663

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 should meet the finding. The consultation suggested that a prisoner of the category of the claimant would remain excluded. In such circumstances, it would be wrong to consider making a futher declaration of incompatibility pending the outcome of the legislation. Legislation would come before any anticipate European election, and a declaration would be parasitic on the declaration in Smith. It would be offensive to constitutional principles to issue a declaration as a means of placing pressure on the way Parliament conducted its business.

Judges:

Burton J

Citations:

Times 03-Nov-2009

Statutes:

European Convention on Human Rights, Representation of the People Act 1983, European Parliamentary Elections Act 2002

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – Bellinger v Bellinger HL 10-Apr-2003
Transgender Male to Female not to marry as Female
The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible . .
Cited – Wheeler, Regina (on the Application of) v Office of the Prime Minister and Another Admn 25-Jun-2008
The claimant sought to challenge the decision by respondent not to offer a referendum before acceding to the Treaty of Lisbon. The claimant’s case was that the Government’s promise to hold a referendum in relation to the European Union . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights, Elections, Constitutional

Updated: 30 June 2022; Ref: scu.377519

Shindler and Another v Chancellor of The Duchy of Lancaster and Another: CA 20 May 2016

UK free to disenfranchise citizens resident abroad

The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
Held: The claim failed. The Act was not in breach of European law supporting freedom of movement. The EU had recognised that the decision of a Member State to withdraw is an exercise of national sovereignty which is governed by its own constitutional arrangements. The Act fell outside the scope of European law. Nor did any right at common law override the precedence given to an Act of Parliament.
Lord Dyson MR said that ‘Parliament agreed to join the EU by exercising sovereign powers untrammelled by EU law and I think it would expect to be able to leave the EU in the exercise of the same untrammelled sovereign power’.

Judges:

Lord Dyson MR, Elias, King LJJ

Citations:

C1/2016/1796, [2016] EWCA Civ 469, [2016] WLR(D) 273, [2016] HRLR 14, [2016] 3 WLR 1196, [2017] QB 226, [2016] 3 CMLR 23

Links:

Bailii, Judiciary, JGU Summary, WLRD

Statutes:

EU Referendum Act 2105 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Shindler and Another v Chancellor of The Duchy of Lancaster and Another Admn 28-Apr-2016
The claimants challenged the franchise for the forthcoming European Referendum which excluded them rom voting on the basis that they were not resident within the UK and had neot been registered to vote here for more than five years.
Held: ‘1) . .

Cited by:

Cited – McCord, Re Judicial Review QBNI 28-Oct-2016
The claimant made application for judicial review of the stated intention of the Government of the UK to issue an article 50 notice to leave the EU, by means of the use of the royal Prerogative. They said that any use of the royal prerogative had . .
Cited – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017
Parliament’s Approval if statute rights affected
In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .
Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which later became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the . .
Lists of cited by and citing cases may be incomplete.

Elections, European, Constitutional

Leading Case

Updated: 21 June 2022; Ref: scu.564452

Nairn v University of St Andrews: HL 10 Dec 1908

Women graduates of St Andrews and Edinburgh, who, as graduates, were members of the general council of their university, sought a declarator that they were entitled to vote under section 27 of the 1868 Act. The section provided that ‘every person’ whose name was on the register of the general council, if of full age ‘and not subject to any legal incapacity’, was to be entitled to vote for the member of Parliament for the university.
Held: The section did not confer a right to vote on women graduates.
Lord Loreburn LC commented, ‘It would require a convincing demonstration to satisfy me that Parliament intended to effect a constitutional change so momentous and far-reaching by so furtive a process.’
Lord Ashbourne said: ‘If it was intended to make a vast constitutional change in favour of women graduates, one would expect to find plain language and express statement.’

Judges:

Lord Loreburn LC

Citations:

[1909] AC 147, 1909 SC (HL) 10, [1908] UKHL 3, (1908) 16 SLT 619

Links:

Bailii

Statutes:

Representation of the People (Scotland) Act 1868 27, Universities Elections Amendment (Scotland) Act 1881

Jurisdiction:

Scotland

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Constitutional, Elections, Education

Updated: 14 June 2022; Ref: scu.240006

Aziz v Cyprus: ECHR 22 Jun 2004

Depriving a Turkish Cypriot living in the Government-controlled area of Cyprus of the right to vote was a breach of article 3. However: ‘States enjoy considerable latitude to establish rules within their constitutional order governing . . the composition of the Parliament, and . . the relevant criteria may vary according to the historical and political factors peculiar to each States.’

Citations:

69949/01, [2004] ECHR 271

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights 3

Cited by:

Cited – 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 . .
Cited – Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others CA 2-Dec-2008
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Elections

Updated: 11 June 2022; Ref: scu.198281

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 rule explicitly provided for the situation which had occurred. An inspection could only be proper if the number of votes and mjority were such as to suggest that the uncounted votes might affect the result, and a petition might be expected. In the circumstances of doubt and clear difference of opinion between the court of appeal, and the judge at first instance, the finding of justification of the libel could not be supported.

Judges:

The Hon Mr Justice Bell Mr Justice Keene Lord Justice Simon Brown

Citations:

[2003] EWCA Civ 297, Times 27-Mar-2003, Gazette 22-May-2003

Links:

Bailii

Statutes:

Representation of the People Act 1983 36(2), Local Elections (Principal Areas) Rules 1986 38 47

Jurisdiction:

England and Wales

Citing:

Cited – Re Lancashire Darwen Division, Case 1885
Strong grounds for making an order for inspection of uncounted ballot papers must be shown, and the court must be satisfied that the application for it is made in good faith, and will rarely, if ever, grant it unless a petition or prosecution has . .
Cited – McWhirter v Platten QBD 1970
An order was made for the inspection of uncounted ballot papers before the institution of a prosecution under the Act, on the ground that the offenders, and the nature of offences could not be ascertained until the ballot papers had been inspected. . .
Cited – 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 . .
Cited – Absalom v Gillett QBD 1995
An application was made under rule 13 to strike out a local government election petition for non-compliance with s.136(3) and rule 6: the petitioners there had served the notice on the returning officer but had not served the successful candidates. . .
Cited – In re Rapier (Deceased) QBD 1988
A young prisoner had been found dead in his cell hanging. A report suggested that he may have been sniffing solvents. The coroner himself initiated proceedings both under the Coroners’ Act and for judicial review to quash the inquisition over which . .
Lists of cited by and citing cases may be incomplete.

Elections, Defamation

Updated: 07 June 2022; Ref: scu.179745

Regina (Quintavalle, Prolife Alliance) v British Broadcasting Corporation: CA 14 Mar 2002

The applicant had stood for election, and since there were a sufficient number of candidates for the ProLife Alliance, they sought a party political broadcast. The material they produced was rejected by the respondent and others, as not complying with standards of taste and decency required of all programs.
Held: It was difficult to think of a context in which the claims of free expression were more pressing. The material was indeed shocking, but was uncut and truthful. The obligation to carry the broadcast was statutory. The decision amounted to censorship. The broadcasters had not given sufficient weight to the pressing imperative of free political expression. Freedom of political speech at an election, must not be interfered with save on the most pressing grounds, and only very rarely on considerations of taste and decency alone. The decision could not stand.
Laws LJ explained: ‘The great majority [of abortions] are performed on the third of the five permitted grounds under the Abortion Act 1967 as amended: that is that the continuance of the pregnancy would involve risk, greater than if the pregnancy were terminated, of injury to the physical or mental health of the pregnant woman. There is some evidence that many doctors maintain that the continuance of a pregnancy is always more dangerous to the physical welfare of a woman than having an abortion, a state of affairs which is said to allow a situation of de facto abortion on demand to prevail.’

Judges:

Lord Justice Simon Brown, Lord Justice Laws and Lord Justice Jonathan Parker

Citations:

Times 19-Mar-2002, [2002] EWCA Civ 297, [2002] 3 WLR 1080, [2002] 2 All ER 756

Links:

Bailii

Statutes:

Broadcasting Act 1990 6(1)(a)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – A and B, Regina (on The Application of) v Secretary of State for Health SC 14-Jun-2017
The court was asked: ‘Was it unlawful for the Secretary of State for Health, the respondent, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled . .
Lists of cited by and citing cases may be incomplete.

Elections, Media

Updated: 05 June 2022; Ref: scu.168044

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 family life.
Held: The sale of the material was in breach of the applicant’s rights. Data from the registers was collected under force of law. The sale of the register affected electors as marketing targets and the interference with their private lives, exacerbated by technological advances, was both foreseeable and foreseen. The right to vote was lost if the information was not provided.

Judges:

Mr Justice Maurice Kay

Citations:

Times 27-Nov-2001, Gazette 10-Jan-2002, [2001] EWHC Admin 915, [2002] QB 1052

Links:

Bailii

Statutes:

European Directive 95/46/EC of October 24, 1995 (OJ 1995 L281/31), Representation of the People Act 1983, Representation of the People Regulations 1986 (1986 No 1081)

Jurisdiction:

England and Wales

Cited by:

Cited – Robertson, Regina (on the Application of) v Experian Ltd and Another (2) Admn 21-Jul-2003
The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence.
Held: The . .
Cited – I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) Admn 21-Jul-2003
The claimant sought judicial review challenging the restrictions on the sale of electoral registers to registered credit reference agencies. Following Robertson (1) the new regulations created two registers, and the claimant sought to be able to . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Information, Elections

Updated: 04 June 2022; Ref: scu.166813

Matthews v The United Kingdom: ECHR 18 Feb 1999

Member states have obligations to ensure that citizens of each state were given opportunity to vote in European elections. Britain failed to give the vote to its citizens in Gibraltar in breach of the convention right to participate in free elections. The European Parliament is for these purposes a legislature within the meaning of A3P1
Hudoc Judgment (Merits and just satisfaction) Violation of P1-3; Not necessary to examine Art. 14+P1-3; Costs and expenses partial award – Convention proceedings Reports of Judgments and Decisions 1999-I

Citations:

Times 03-Mar-1999, 24833/94, [1999] ECHR 12, (1999) 28 EHRR 361, [2011] ECHR 1895

Links:

Worldlii, Bailii, Bailii

Statutes:

European Convention on Human Rights Art 3 Protocol 1

Cited by:

Cited – 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 . .
Cited – Chester, Regina (on The Application of) v Secretary of State for Justice SC 16-Oct-2013
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment.
Held: The . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Elections, Human Rights

Updated: 04 June 2022; Ref: scu.165694

Mathieu Mohin and Clerfayt v Belgium: ECHR 2 Mar 1987

(Plenary Court) The court described and approved the way in which an ‘institutional’ right to vote had developed into ‘subjective rights of participation – the ‘right to vote’ and the ‘right to stand for election’.’ It described the ambit of Article 3: ‘In their internal legal orders the Contracting States make the rights to vote and stand for election subject to conditions which are not in principle precluded under Article 3. They have a wide margin of appreciation in this sphere, but it is for the Court to determine in the last resort whether the requirements of Protocol No 1 have been complied with; it has to satisfy itself that the conditions do not curtail the rights in question to such an extent as to impair their very essence and deprive them of their effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate. In particular, such conditions must not thwart ‘the free expression of the opinion of the people in the choice of the legislature’.’
There is room for ‘implied limitations’ on the rights enshrined in Article 3, and Contracting States must be given a wide margin of appreciation in this sphere.

Judges:

R. RYSSDAL, P

Citations:

9267/81, [1987] ECHR 1, (1988) 10 EHRR 1

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights A3P1

Cited by:

Cited – Robertson, Regina (on the Application of) v Experian Ltd and Another (2) Admn 21-Jul-2003
The claimant sought a judicial review of the regulations allowing sale of the electoral role by local government bodies to registered credit reference agencies. An adjournment was refused, and the case proceeded in his absence.
Held: The . .
Cited – 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 . .
Cited – Barclay and Others, Regina (on the Application of) v The Seigneur of Sark and Another Admn 18-Jun-2008
The claimants said that the the laws restricting residence and voting rights and oher constitutional arrangements on the Isle of Sark were in breach of European law, and human rights law.
Held: The claims failed. The composition of Chief Pleas . .
Cited – Barclay and Others, Regina (on the Application of) v Secretary of State for Justice and others CA 2-Dec-2008
The claimant appealed against refusal of his challenge to the new constitutional law for Sark, and sought a declaration of incompatibility under the 1998 Act. He said that by restricting the people who could stand for election, a free democracy had . .
Cited – Barclay and Others, Regina (on The Application of) v Secretary of State for Justice and Others SC 1-Dec-2009
The claimants said that restrictions within the constitution of Sark on who could sit in the Chief Pleas were incompatible with their human rights. The claimants variously owned property on Sark but had restricted rights to vote and stand.
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Elections

Updated: 04 June 2022; Ref: scu.164977

Regina v British Broadcasting Corporation, ex parte Referendum Party; Regina v Independent Television Commission, ex parte Referendum Party: Admn 24 Apr 1997

The Referendum Party challenged the allocation to it of less time for election broadcasts. Under the existing agreements, having fielded over 50 candidates, they were allocated only five minutes.
Held: Neither the inclusion of past electoral support as part of their general criteria for allocating party election broadcasts nor their treatment of the lack of it in this case was irrational. Both the BBC and ITV companies were under a duty to act with due impartiality. The application was dismissed.

Judges:

Lord Justice Auld and Mr Justice Popplewell

Citations:

[1997] EWHC Admin 406

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Wilson v Independent Broadcasting Authority OHCS 1979
In the lead up to the Scottish referendum on Devolution, the Authority required the broadcasters to carry party political broadcasts for each of the four main parties. Three parties favoured voting yes in the referendum, and the authority was . .
Cited – Lynch v British Broadcasting Corporation QBNI 1983
Impartiality in the context of a broadcasters duties during an election is not to be equated simply with parity or balance as between political parties of different strengths, popular support and appeal. . .
Cited – Attorney-General, ex rel McWhirter v Independent Broadcasting Authority CA 1972
The court should not interfere in decisions made by broadcasting companies allocating television time to parties before elections unless it is of the view that they were irrational in not giving enough weight to those matters in allocating it only . .
Cited – The British Broadcasting Corporation v Johns (HM Inspector of Taxes) CA 5-Mar-1964
The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review.
Held: It is not a statutory creature; it does not exercise statutory . .
Cited – Regina v Broadcasting Complaints Commission, ex parte Owen CA 1985
The BBC is a creation of the Crown through the grant of a Charter in the exercise of the Royal Prerogative, and it exercises its functions under agreement with and licences from the Government. The court expressly declined to express a view on the . .
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Lists of cited by and citing cases may be incomplete.

Media, Elections

Updated: 26 May 2022; Ref: scu.137351

Regina v British Broadcasting Corporation ex parte Pro-Life Alliance Party: Admn 24 Mar 1997

The complainant sought leave to present a judicial review of the respondent’s refusal to transmit his party election broadcast on the grounds of its absence of taste and decency.
Held: The decision that the offending parts of the transmission did not meet the requirements of decency and taste, was not perverse. Nor was it arguable that the BBC has misapplied its own stated policy. It was suggested in argument that the BBC had acted in an inconsistent manner, but almost daily viewers are subjected to harrowing scenes of massacres and the like and from to time shots are shown of Nazi atrocities in the concentration camps. Even if there were inconsistency, that does not seem to me to give rise to an arguable case there has been perversity in the instant case.

Judges:

Dyson J

Citations:

[1997] EWHC Admin 316

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Regina v British Broadcasting Corporation ex parte Quintavelle (PPC for the Prolife Alliance) CA 20-Oct-1997
The applicant stood for Parliament, but the respondent had refused to show his party election broadcast on the grounds of its lack of taste and decency. He had sought to demonstrate the evils of abortion, and now renewed his application for leave to . .
Lists of cited by and citing cases may be incomplete.

Elections, Media

Updated: 25 May 2022; Ref: scu.137261

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 not curtail the rights to such an extent as to remove their effectiveness, and should only be imposed in pursuit of a legitimate aim, and should not be disproportionate.

Judges:

Lord Justice Kennedy

Citations:

Times 17-Apr-2001, Gazette 07-Jun-2001, [2001] EWHC Admin 239

Links:

Bailii

Statutes:

Representation of the People Act 1983 3 (1), European Convention on Human Rights 3

Cited by:

Appeal from – 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 . .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing, Human Rights, Elections, Prisons, Elections, Human Rights

Updated: 19 May 2022; Ref: scu.85999

HM Attorney-General v Jones: Admn 23 Apr 1999

When an MP had lost her parliamentary seat for a conviction of electoral fraud, but the conviction was overturned on appeal, the vacation of the seat was set aside, and she was restored provided only that the writ for the election had not been returned.

Citations:

Times 03-May-1999, Gazette 26-May-1999, [1999] EWHC Admin 350

Links:

Bailii

Statutes:

Representation of the People Act 1953

Elections

Updated: 18 May 2022; Ref: scu.77988

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 who had lost sought payment from the defrauding candidate’s party (against whom no offence had been found). The Party now disputed the jurisdiction of and its use by the Commissioner to join them. Party funds had insured the fund for the defence in Court. It was argued that the Commissioner was functus officio, and had no jurisdiction to take matters further.

Judges:

Maurice Kay VP, Smith, Leveson LJJ

Citations:

[2010] EWCA Civ 1332, [2011] PTSR 416

Links:

Bailii

Statutes:

Representation of the People Act 1983

Jurisdiction:

England and Wales

Citing:

Cited – Regina v Cripps; Ex parte Muldoon CA 1984
The Elections Commissioner had sought, some time after his order on a petition, to clarify the order from costs.
Held: The Commissioner, and in turn Keith J, had been wrong to consider themselves not bound by Muldoon. What Mr Cripps (the . .
Cited – Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’) HL 1986
Wide Application of Costs Against Third Party
A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, which were now . .
Appeal from – 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 . .
Cited – 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 . .
Cited – Regina v Secretary of State for The Home Department Ex Parte Simms HL 8-Jul-1999
Ban on Prisoners talking to Journalists unlawful
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
Cited – Taunton Election Petition, In re; Marshall v James CCP 29-May-1874
A petition against the return of the member for Taunton was filed in November 1873. The trial commenced on the 12th of January, 1874, and on the morning of the 26th, at about 10.30, the judge gave judgment declaring the respondent to have been duly . .
Cited – Regina v Cripps; Ex parte Muldoon QBD 1983
The election commissioner, Mr Anthony Cripps QC, had purported to explain many months later what he had meant in an order for costs which he had made when handing down his judgment on an election petition. It was argued that he had had the power to . .
Cited – Vakauta v Kelly 1989
(High Court of Australia) The majority held that the first instance judge fell on the wrong side of ‘an ill-defined line beyond which the expression by a trial judge of preconceived views about the reliability of particular medical witnesses could . .
Cited – Locabail (UK) Ltd, Regina v Bayfield Properties Ltd CA 17-Nov-1999
Adverse Comments by Judge Need not be Show of Bias
In five cases, leave to appeal was sought on the basis that a party had been refused disqualification of judges on grounds of bias. The court considered the circumstances under which a fear of bias in a court may prove to be well founded: ‘The mere . .
Lists of cited by and citing cases may be incomplete.

Elections, Costs, Litigation Practice

Updated: 18 May 2022; Ref: scu.426466