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.
Maurice Kay VP, Smith, Leveson LJJ
[2010] EWCA Civ 1332, [2011] PTSR 416
Representation of the People Act 1983
England and Wales
CitedRegina 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 . .
[1984] 3 WLR 53, [1984] 1 QB 686, [1984] 2 All ER 705
CitedAiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’) HL 1986
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 . .
[1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409
Appeal fromThe 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 . .
[2010] EWHC 285 (Admin), [2010] PTSR 937
CitedUllah 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 . .
Times 20-Jan-03, [2002] EWCA Civ 1793, [2003] LGR 161, [2003] 1 WLR 1820, [2003] 2 All ER 440
CitedRegina 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 . .
Times 09-Jul-99, Gazette 28-Jul-99, [1999] UKHL 33, [2000] 2 AC 115, [1999] 3 All ER 400, [1999] 3 WLR 328, [1999] EMLR 689, (1999) 7 BHRC 411, (1999) 2 CHRLD 359
CitedTaunton 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 . .
(1873-1874) LR 9 CP 702, [1874] UKLawRpCP 51
CitedRegina 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 . .
[1983] 3 WLR 465, [1984] QB 68, [1983] 3 All ER 72
CitedVakauta 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 . .
(1989) 167 CLR 569
CitedLocabail (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 . .
[2000] 1 QB 451, [2000] IRLR 96, [2000] 1 All ER 64, [1999] EWCA Civ 3004, [2000] HRLR 290, [2000] 2 WLR 870, 7 BHRC 583, [2000] UKHRR 300

These lists may be incomplete.
Updated: 16 December 2020; Ref: scu.426466