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

The petitioners had alleged that the respondent, in his or his agent’s conduct of his campaign to be elected Mayor for Tower Hamlets in London in May 2014, had engaged in corrupt and illegal practices.
Held: The election was set aside for corrupt practice. The general burden of proof both in respect of the charges of corrupt or illegal practices and in respect of the allegation of general corruption must necessarily rest on the Petitioner. Although there are instances when the burden may shift to the Respondent (such as under s 158(3). . ), they do not affect the general rule itself.
Electoral law took the position that those who participated in the candidate’s campaign would be treated as agents for the candidate. By contrast, members of the wider public who merely manifested support for the candidate would not be ‘agents’ for electoral purposes.

Richard Mawrey QC Commissioner
[2015] EWHC 1215 (QB)
Representation of the People Act 1983, Election Petition Rules 1960
England and Wales
CitedWatkins v Woolas QBD 5-Nov-2010
The petitioner said that in the course of the election campaign, the respondent Labour candidate had used illegal practices in the form of deliberately misleading and racially inflammatory material.
Held: The claim succeeded, and the election . .
CitedThe Wakefield Case XVII 1874
The court considered who was an agent in election law: ‘By election law the doctrine of agency is carried further than in other cases. By the ordinary law of agency a person is not responsible for the acts of those whom he has not authorised, or . .
CitedLeech v Governor of Parkhurst Prison HL 1988
The House was asked whether a disciplinary decision by a governor was amenable to judicial review.
Held: The functions of a governor adjudicating upon disciplinary charges are separate and distinct from his functions in running the prison; . .
CitedRegina v Rowe, ex parte Mainwaring and Others CA 27-May-1992
Shortly before polling day in a local government election Liberal Democrat supporters printed and distributed in key wards a leaflet that made assertions about Labour policy. It was distributed in such a way as not to alert voters as to its true . .
CitedWoolas, Regina (on The Application of) v The Speaker of The House of Commons Admn 3-Dec-2010
The claimant sought to challenge the decision of an Election court setting aside his election as a Member of Parliament. The court was asked to decide whether it had jurisdiction to review a determination by the Election Court of a point of law, and . .
CitedShoesmith, Regina (on The Application of) v OFSTED and Others CA 27-May-2011
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She . .
CitedWillford, Regina (on The Application of) v Financial Services Authority (FSA) CA 13-Jun-2013
Where a separate specialist statutory regime has been established by Parliament, there would need to be powerful reasons or exceptional circumstances to bypass that regime and permit an application for judicial review.
The Court considered and . .

Lists of cited by and citing cases may be incomplete.

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Updated: 10 January 2022; Ref: scu.546270