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: 2003 To: 2003
This page lists 7 cases, and was prepared on 21 May 2019.
Gough v Local Sunday Newspapers (North) Ltd and Another [2003] EWCA Civ 297; Times, 27 March 2003; Gazette, 22 May 2003
12 Mar 2003
CA
The Hon Mr Justice Bell Mr Justice Keene Lord Justice Simon Brown
Elections, Defamation
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.
Representation of the People Act 1983 36(2) - Local Elections (Principal Areas) Rules 1986 38 47
1 Cites
[ Bailii ]
Choudry and others v Triesman Times, 02 May 2003; Gazette, 05 June 2003; [2003] EWHC 1203 (Comm)
31 Mar 2003
ChD
Stanley Burton J
Elections, Contract
The applicants sought an order requiring the respondent general secretary of the Labour Party to allow them to stand as candidates for the party in the forthcoming local elections. After allegations about the way in which selection had been carried out, the party imposed its own candidates. Held: The principles for the grant of mandatory interim injunctions had been laid down in Nottingham Building Society. Here, a serious triable issue had been raised, but the risk of injustice would be greater if the injunction were granted than if not. If granted the party would not have the election candidates of its choice, but if not granted, the candidates would still be able to stand for election.
Stanley Burton J said of the Labour Party: "Its constitution is contained in its rules contained in the rule book, which constitute a contract to which each member adheres when he joins the party"
1 Cites
1 Citers
[ Bailii ]
Regina v British Broadcasting Corporation ex parte Pro-life Alliance; HL 15-May-2003 - [2003] 2 WLR 1403; Times, 16 May 2003; [2003] UKHL 23; Gazette, 03 July 2003; [2004] 1 AC 185; [2003] UKHRR 758; [2003] HRLR 26; [2003] ACD 65; [2003] EMLR 23; [2003] 2 All ER 977; [2003] EMLR 23
I-CD Publishing Ltd v The Secretary of State, The Information Commissioner (Interested Party) [2003] EWHC 1761 (Admin); Times, 11 August 2003
21 Jul 2003
QBD
The Honourable Mr Justice Maurice Kay
Elections, Judicial Review
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.
1 Cites
[ Bailii ]
Robertson, Regina (on the Application of) v Experian Ltd and Another (2) [2003] EWHC 1760 (Admin); Times, 11 August 2003
21 Jul 2003
Admn
Maurice Kay J
Elections, Information, Human Rights
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 earlier case had successfully challenged the earlier regulations because they allowed the sale of electoral registers for marketing purposes. The new regulations restricted sales to appropriate and registered credit reference agencies for the prevention of fraud and similar purposes. Any interference in the claimant's was small and justified and proportionate given that wider social aim.
Representation of the People (England and Wales) (Amendment) Regulations 2002 (2002 No 1871) 114
1 Cites
1 Citers
[ Bailii ]
Kenneth Anthony Edgell v Ivan Glover, Michael Garnett (Returning Officer) [2003] EWHC 2566 (QB)
4 Nov 2003
QBD
The Honourable Mr Justice Newman The Honourable Mr Justice David Clarke
Elections
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 not assisted by consideration of a standard of proof. That said, having regard to the consequences of declaring an election void, for the court to conclude the result is affected there will need to be a preponderance of evidence supporting that conclusion. The first respondent had not been duly elected. Given that errors were likely in any such process it was wrong to act on the basis that other errors did not exist. "I regard the use of a cross as presenting some difficulty for the requirement of authentication because it conveys no personal attribute or connection with the name of the voter. A signature has the attribute of purporting to be the signature of the name it represents. A cross can be placed by anyone and does not purport to be connected with any named person. " The election was declared invalid.
Representation of the People Act 1982 146
1 Cites
[ Bailii ]
Knight v Nicholls and Another Times, 29 January 2004
19 Dec 2003
QBD
Cresswell, Fulford, JJ
Elections
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.
Local Elections (Principal Area) Rules 1986 (1986 No 2214) 19 76(2)
1 Citers