Fitch v Stephenson & Ors [2008] EWHC 501 (QB) (01 April 2008)

Fitch v Stephenson & Ors [2008] EWHC 501 (QB) (01 April 2008)

The failure to count 45.8% of votes, though a serious breach, did not affect the result and did not render the election not substantially in accordance with the law as to elections. The authorities establish that courts should uphold elections where the result is unaffected, even with significant breaches. The petition also failed for non-compliance with mandatory procedural requirements (failure to state result, improper service), but the substantive claim would have failed in any event.

Citation
[2008] EWHC 501
Parties
Petitioner: John Fitch; First Respondent: Tom Stephenson; Second Respondent: Harshad Dahyabhai Bhavsar; Third Respondent: Annette Dawn Byrne; Fourth Respondent: Colin Stuart Marriott
Jurisdiction
England and Wales
Judgment Date
01 April 2008
Procedural Posture
Election Petition (local Government) / Judgment on Special Case Stated Under S.146 Representation of the People Act 1983
Outcome
Petition dismissed; election confirmed.
Legal Topics
Substantial Compliance With Election Law, Effect of Procedural Irregularities in Elections, Interpretation of Representation of the People Act 1983 S.48, Election Petition Procedural Requirements, Service of Election Petitions
Election Law Administrative Law Substantial Compliance With Election Law Effect of Procedural Irregularities in Elections Interpretation of Representation of the People Act 1983 S.48 Election Petition Procedural Requirements Service of Election Petitions

Case Brief

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Parties

John Fitch

Petitioner

Tom Stephenson

First Respondent

Harshad Dahyabhai Bhavsar

Second Respondent

Annette Dawn Byrne

Third Respondent

Colin Stuart Marriott

Fourth Respondent

Procedural Posture

Election Petition (local Government) / Judgment on Special Case Stated Under S.146 Representation of the People Act 1983

Legal Issues

  1. 1 Whether failure to count a substantial proportion of votes (45.8%) renders the election not conducted substantially in accordance with the law as to elections under s.48(1)(a) RPA 1983, even if the result was unaffected
  2. 2 Whether procedural defects in the petition (failure to state result, improper service) are fatal to the petition

Ratio Decidendi

The failure to count 45.8% of votes, though a serious breach, did not affect the result and did not render the election not substantially in accordance with the law as to elections. The authorities establish that courts should uphold elections where the result is unaffected, even with significant breaches. The petition also failed for non-compliance with mandatory procedural requirements (failure to state result, improper service), but the substantive claim would have failed in any event.

Court Disposition

Petition dismissed; election confirmed.

Orders

  • Petition rejected on both substantive and procedural grounds.
  • Election result for Abbey Ward confirmed.