Mabbutt (on his own behalf and on behalf of the Conservative Party) [2014] EWHC 2244 (QB), [2014] All ER (D) 86 (Jul)
The focus of a court’s inquiry in connection with reg 108(3)(b) of the European Parliamentary Elections Regulations 2004 (SI 2004/293) was the act or omission and the good faith (or otherwise) of the applicant for relief. Correspondingly, if the application was successful it was the applicant who was relieved from any liability or consequences in respect of the errors which prompted the application. It might be said that the closing words of reg 108 appeared at first sight to have a wider impact, but should be interpreted as meaning, “and upon the making of the order no such person shall be subject to any of the consequences under these Regulations of that act or omission”. Were it otherwise, a person who should be entitled to relief would be denied it because of the nature of someone else’s act or because of their bad faith. That would not be consistent with the intention of the regulation, which was to provide a mechanism for relief for an applicant
