Source: All England Reporter
Publisher Citation: [2002] All ER (D) 171 (Oct)
Neutral Citation: [2002] EWHC 2061 (QB)
Court: Queen's Bench Division
Judge:

Hooper and Hunt JJ

Representation Nigel Giffin (instructed by Patwa Solicitors) for the petitioners in both applications.
  Gavin Millar QC (instructed by Steel & Shamash) for the first respondents in both actions.
  Philip Coppel (instructed by Mirza Ahmed) for the returning officer in the first application.
  Timothy Straker QC (instructed by Susan Orrell) for the returning officer in the second application.
Judgment Dates: 11 October 2002

Catchwords

Elections - Election petition - Notice of security - Failure to comply with Election Petition Rules - Petitioners failing to give notice of security as required by Rules - Respondents applying to strike out petitions - Whether requirements of Rules mandatory - Whether petitions to be struck out - s 136 - Election Petition Rules 1960, rr 2.4, 6, 19.1.

The Case

Where the petitioners failed to serve notice of the amount and nature of security given in regard of an election petition contrary to the requirements of s136(3) of the and r6 of the Election Petition Rules, the petitions would be struck out, since the requirements of the Rules were mandatory and could not be waived by the court.

Practice Areas

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