Source: All England Reporter
Publisher Citation: [2002] All ER (D) 08 (Mar)
Court: Queen's Bench Division

Gray J

Representation Patrick Moloney QC and David Sherbourne (instructed by Peter Carter Ruck) for the claimants.
  James Price QC and Rupert Elliott (instructed by Farrer & Co) for the defendants.
Judgment Dates: 1 March 2002


Elections - Local government - Ballot papers - Certain ballot papers uncounted after declaration of result - Informal count taking place - Returning officer applying for recount - Application adjourned - Defendants commenting on conduct of application - Libel action - Justification for comments - Proper procedure on application - Whether informal count lawful - Whether returning officer having locus standi to make application - Local Elections (Principal Areas) Rules 1986, r 47 of Sch 2.

The Case

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