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 elected, and ordering the petitioners to pay the respondent’s costs. This decision was indorsed on the petition, and before noon the judge signed a certificate and report of his determination, and caused them to he posted addressed to the Speaker of the House of Commons. On the same day, after this had been done, but before the certificate and report actually reached the hands of the Speaker, parliament was dissolved by royal proclamation. The certificate and report of the judge were communicated by the Speaker to the new House on its first meeting, and were ordered to be entered on the journals. Held, that the dissolution of parliament after the decision was pronounced and the certificate signed by the judge and put in transit to the Speaker, though before the certificate actually reached the Speaker’s hands, did not affect the right of the respondent to have his costs taxed.

Lord Coleridge CJ, Brett and Grove JJ
(1873-1874) LR 9 CP 702, [1874] UKLawRpCP 51
England and Wales
Cited by:
CitedThe 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 . .

Lists of cited by and citing cases may be incomplete.

Elections, Costs

Updated: 13 December 2021; Ref: scu.654118