header-logo header-logo

Elections

26 February 2010
Issue: 7406 / Categories: Case law , Law digest
printer mail-detail

Conservative and Unionist Party v Election Commissioner [2010] EWHC 285 (Admin), [2010] All ER (D) 214 (Feb)

The extent to which third party orders for the costs of an election petition could be made were limited to the circumstances set out in s 156 of the Representation of the People Act 1983.

If the election court was intended to have the power to order non-parties to pay costs, it would be odd if that power could not be exercised because the procedural device—CPR 48.2(1)—used in the High Court was inappropriate for the election court. CPR 48.2(1) was a mechanism to enable non-parties to be provided with any documents relevant to any application for costs made against them, and, further, to make representations to the court.

The procedural device was unnecessary for s 156 purposes; s 156 had its own in-built procedure for enabling non-parties to participate in applications for costs against them. Furthermore, the provisions of any other enactment which s 51 of the 1981 Act was expressly qualified by included ss 154 and 156. Prima facie, their effect was that the only circumstances in which non-parties to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll