Mabbutt (On His Own Behalf And On Behalf of the Conservative Party) [2014] EWHC 2244 (QB) (08 July 2014)

Mabbutt (On His Own Behalf And On Behalf of the Conservative Party) [2014] EWHC 2244 (QB) (08 July 2014)

The omission of relevant details on the election leaflet was due to inadvertence and not bad faith; relief is granted to the applicant under Regulation 108, excusing him from liability for illegal practice.

Citation
[2014] EWHC 2244 (QB)
Parties
Claimant: Alan William Mabbutt; Claimant: Conservative Party
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Application for Relief Under Regulation 108 of the European Parliamentary Elections Regulations 2004 / Judgment After Hearing
Outcome
Relief granted to Claimant under Regulation 108; no order as to costs.
Legal Topics
European Parliamentary Elections, Election Material Compliance, Relief From Illegal Practice
Election Law Administrative Law European Parliamentary Elections Election Material Compliance Relief From Illegal Practice

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Parties

Alan William Mabbutt

Claimant

Conservative Party

Claimant

Procedural Posture

Application for Relief Under Regulation 108 of the European Parliamentary Elections Regulations 2004 / Judgment After Hearing

Legal Issues

  1. 1 Whether the omission of relevant details on election material constitutes an illegal practice under Regulation 74
  2. 2 Whether relief should be granted under Regulation 108 for inadvertent omission

Ratio Decidendi

The omission of relevant details on the election leaflet was due to inadvertence and not bad faith; relief is granted to the applicant under Regulation 108, excusing him from liability for illegal practice.

Court Disposition

Relief granted to Claimant under Regulation 108; no order as to costs.

Orders

  • Claimant is granted an authorised excuse for printing errors on West Midlands EA2 leaflet under Regulation 108(3), relieved from liability or consequences under the Regulations.
  • No order as to costs.