Source: All England Reporter
Publisher Citation: [2006] All ER (D) 243 (Apr)
Court: Queen's Bench Division (Administrative Court)

Keith J

Representation Hugh Southey (instructed by Birnberg Peirce & Partners) for the claimants.
  Timothy Straker QC and Robert Walton (instructed by Isabella Freeman) for the returning officer.
Judgment Dates: 27 April 2006


Election - Local government - Nomination papers - Rejection - Claimant candidates delivering nomination papers in good time - Returning officer informing claimants after deadline for nominations that nominations invalid - Claimants unable to stand as candidates - Whether returning officer required to inform candidates of defects before expiry of deadline - Whether legitimate expectation that returning officer would inform candidates of defects before expiry of deadline - Local Elections (Principal Areas) Rules 1986, SI 2214/1986, Sch 2, r 7(3).

The Case

On an application for judicial review the court held that the deputy returning officer had been in breach of a legitimate expectation that she would notify the claimants of any defects in their nomination papers for a local election, and granted the claimants relief in the form of countermanding the election and requiring the returning officer to hold a fresh election in which the claimants would be able to stand as candidates provided that they provided valid nomination papers.

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