Source: All England Reporter
Publisher Citation: [2012] All ER (D) 70 (Nov)
Neutral Citation: [2012] EWHC 3007 (QB)
Court: Queen's Bench Division

Slade and Nicol JJ

Representation Gavin Millar QC (instructed by Steel and Shamash) for the petitioner.
  Joanna Torode (instructed by Michael Conn Goldsobel) for B.
  Timothy Straker QC (instructed by Woking Borough Council) for the returning officer.
Judgment Dates: 31 October 2012


Elections - Local elections - Election petition - Petitioner challenging votes cast in local election - Petition filed in form of a claim form - First respondent being successful candidate in election - First respondent applying to strike out petition for failure to strictly comply with procedural rules - Whether petition should be struck out - Election Petition Rules 1960, - Civil Procedure Rules 1998, .

The Case

Elections Local elections. The Queen's Bench Division refused to strike out a petition challenging a local election because there had been substantial compliance in the petition with the requirements of r4(1) of the Election Petition Rules 1960, and any departure from the requirements had caused no prejudice to the respondents.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.