R (on the application of Preston) v Lord President of the Council [2012] EWCA Civ 1378, [2012] All ER (D) 249 (Oct)
The 15 year rule in s 1(3)(c) of the Representation of the People Act 1985, which rendered ineligible to vote anyone who had been resident outside the UK for more than 15 years, was not in terms an express restriction on free movement. Nor was it in substance a disguised or inherent restriction on free movement. The Divisional Court had been correct to consider the potential effect of the 15 year rule on free movement in practice. Its conclusion that any interference with the right of free movement, in such cases, was “too indirect and uncertain” to require justification was not contradicted or undermined by the claimant’s evidence. It did not follow that every disadvantage of non-residence in the UK was a restriction on or deterrent to free movement. Further, as disenfranchisement was only triggered after the passing of 15 years’ residence overseas, a long term view had to be taken when considering whether the prospect of ceasing to be eligible as an overseas voter
