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 a substantial proportion of votes, while 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 courts should uphold the election in accordance with s.48 RPA and established case law. Procedural defects in the petition (failure to state the result, improper service) are mandatory and would have been fatal, but the petition is dismissed on the substantive ground.

Citation
[2008] EWHC 501 (QB)
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%) vitiates an election under s.48(1)(a) Representation of the People Act 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 a substantial proportion of votes, while 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 courts should uphold the election in accordance with s.48 RPA and established case law. Procedural defects in the petition (failure to state the result, improper service) are mandatory and would have been fatal, but the petition is dismissed on the substantive ground.

Court Disposition

Petition dismissed; election confirmed.

Orders

  • Petition rejected on substantive grounds; election result stands.