Mabbutt (On His Own Behalf And On Behalf of the Conservative Party)

Mabbutt (On His Own Behalf And On Behalf of the Conservative Party)

The omission to include the relevant details on the election leaflet was due to inadvertence and not want of good faith; all procedural requirements for relief were satisfied, and it was just to grant relief to the applicant under Regulation 108.

Source-derived case information.

Parties
Claimant: Alan William Mabbutt; Claimant: Conservative Party
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Election Petition / Application for Relief / Judgment After Hearing of Application for Relief Under Regulation 108
Outcome
Application for relief granted to the Claimant on his own behalf; no order as to costs.
Legal Topics
European Parliamentary Elections, Election Offences, Relief From Illegal Practice, Printing Requirements for Election Material
Election Law European Parliamentary Elections Election Offences Relief From Illegal Practice Printing Requirements for Election Material

Source-derived case record

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Parties

Alan William Mabbutt

Claimant

Conservative Party

Claimant

Procedural Posture

Election Petition / Application for Relief / Judgment After Hearing of Application for Relief Under Regulation 108

Legal Issues

  1. 1 Whether the omission to include relevant details on election material constituted an illegal practice under Regulation 74
  2. 2 Whether the omission arose from inadvertence or reasonable cause and not from want of good faith
  3. 3 Whether relief should be granted under Regulation 108

Ratio Decidendi

The omission to include the relevant details on the election leaflet was due to inadvertence and not want of good faith; all procedural requirements for relief were satisfied, and it was just to grant relief to the applicant under Regulation 108.

Court Disposition

Application for relief granted to the Claimant on his own behalf; no order as to costs.

Orders

  • The Claimant is granted an authorised excuse for the printing errors relating to the West Midlands EA2 leaflet under Regulation 108(3).
  • The Claimant is relieved from any liability or consequences under the Regulations in respect of the errors excused by this Order.