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.
Judges:
Maurice Kay VP, Smith, Leveson LJJ
Citations:
[2010] EWCA Civ 1332, [2011] PTSR 416
Links:
Statutes:
Representation of the People Act 1983
Jurisdiction:
England and Wales
Citing:
Cited – Regina 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 . .
Cited – Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’) HL 1986
Wide Application of Costs Against Third Party
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 . .
Appeal from – The 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 . .
Cited – Ullah 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 . .
Cited – Regina 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 . .
Cited – 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 . .
Cited – Regina 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 . .
Cited – Vakauta 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 . .
Cited – Locabail (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 . .
Lists of cited by and citing cases may be incomplete.
Elections, Costs, Litigation Practice
Updated: 18 May 2022; Ref: scu.426466