| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 203 (Oct) |
| Court: | Queen's Bench Division (Divisional Court) |
| Judge: | Scott Baker LJ and Newman J |
| Representation | Osama Daneshyar (instructed by Ahmed's Solicitors) for the claimant. |
| Steven Kovats (instructed by the Treasury Solicitor) for the commissioner. | |
| Philip Coppel (instructed by CMS Cameron McKenna LLP) for the interested party, the returning officer. | |
| Judgment Dates: | 19 October 2005 |
Catchwords
Elections - Election court - Election court for local election - Report to High Court - Person named in report as guilty of corrupt and/or illegal practices - Person neither named in election petition nor candidate to seat claimed by election petition - Requirement to give notice - Ward organiser not party to election petition - Commissioner naming ward organiser in report as guilty of corrupt and illegal practices - Whether ward organiser given adequate notice - , s 160(1).
The Case
A notice given under s160(1) of the Representation of the People Act 1961 to a person who was neither a party to the election petition nor a candidate to the seat which was claimed by the petition and who the election commissioner was considering naming in his report should give the recipient sufficient detail to know the basis on which the commissioner was seeking to name him in his report. There was no requirement for the notice to be in writing, but it would be easier to prove if it was in writing.
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