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 inadvertent and not due to bad faith; therefore, relief under Regulation 108 is granted to the applicant, excusing him from liability for illegal practice.

Source-derived case information.

Citation
[2014] EWHC 2244
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 the 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

Source-derived case record

Summary, issues, holding and outcome

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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 inadvertent and not due to bad faith; therefore, relief under Regulation 108 is granted to the applicant, excusing him from liability for illegal practice.

Court Disposition

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

Orders

  • The Claimant is granted an authorised excuse for the printing errors relating to the West Midlands EA2 leaflet.
  • The Claimant is relieved from any liability or consequences under the Regulations for the errors excused by this Order.