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
