Erlam & Ors v Rahman & Anor [2014] EWHC 2767 (QB) (07 August 2014)

Erlam & Ors v Rahman & Anor [2014] EWHC 2767 (QB) (07 August 2014)

The evidence presented did not establish special circumstances justifying a departure from the statutory presumption that the trial should be held within the local government area. Concerns about public rowdiness or the number of attendees do not meet the threshold for special circumstances. The Commissioner has sufficient powers to ensure order and witness protection at the local venue.

Citation
[2014] EWHC 2767 (QB)
Parties
Petitioner: Andrew Erlam; Petitioner: Debbie Simone; Petitioner: Azmal Hussein; Petitioner: Angela Moffat; First Respondent: Mohammed Lutfur Rahman; Second Respondent: John S. Williams
Jurisdiction
England and Wales
Judgment Date
07 August 2014
Procedural Posture
Election Petition / Interlocutory Application for Change of Trial Venue
Outcome
Application dismissed
Legal Topics
Venue of Trial, Special Circumstances for Change of Venue, Witness Intimidation, Local Government Elections
Election Law Administrative Law Venue of Trial Special Circumstances for Change of Venue Witness Intimidation Local Government Elections

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Parties

Andrew Erlam

Petitioner

Debbie Simone

Petitioner

Azmal Hussein

Petitioner

Angela Moffat

Petitioner

Mohammed Lutfur Rahman

First Respondent

John S. Williams

Second Respondent

Procedural Posture

Election Petition / Interlocutory Application for Change of Trial Venue

Legal Issues

  1. 1 Whether special circumstances exist to justify moving the trial of an election petition outside the local government area under s.130(6) Representation of the People Act 1983

Ratio Decidendi

The evidence presented did not establish special circumstances justifying a departure from the statutory presumption that the trial should be held within the local government area. Concerns about public rowdiness or the number of attendees do not meet the threshold for special circumstances. The Commissioner has sufficient powers to ensure order and witness protection at the local venue.

Court Disposition

Application dismissed

Orders

  • Application to move the trial venue outside the Borough is dismissed.
  • Directions given regarding witness statements and production of documents.