swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Elections - From: 1999 To: 1999
This page lists 4 cases, and was prepared on 21 May 2019.
Matthews v The United Kingdom; ECHR 18-Feb-1999 - Times, 03 March 1999; 24833/94; [1999] ECHR 12; (1999) 28 EHRR 361; [2011] ECHR 1895
Shetland Islands Council v Local Government Boundary Commission for Scotland; Orkney Islands Council v Same; OHCS 15-Mar-1999 - Times, 15 March 1999
HM Attorney-General v Jones Times, 03 May 1999; Gazette, 26 May 1999; [1999] EWHC Admin 350
23 Apr 1999
Admn
Elections
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.
Representation of the People Act 1953
[ Bailii ]
The Attorney General v Jones [1999] EWHC 837 (Admin); [1999] 3 All ER 436; [1999] 3 WLR 444; (1999) 11 Admin LR 557; [2000] QB 66
30 Apr 1999
Admn
Kennedy LJ, Mitchell J
Elections, Constitutional
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."
Representation of the People Act 1983
[ Bailii ]
