Richards v Devenish & Anor [2017] EWHC 37 (QB) (19 January 2017)

Richards v Devenish & Anor [2017] EWHC 37 (QB) (19 January 2017)

The petitioner failed to prove on the balance of probabilities that any error, irregularity, or breach of duty occurred in the conduct of the election or that any such act or omission affected the result. The election was conducted substantially in accordance with the law, and all allegations in the petition were dismissed.

Citation
[2017] EWHC 37
Parties
Petitioner: Mandy Richards; First Respondent: Tony Devenish; Second Respondent (returning Officer): Charlie Parker
Jurisdiction
England and Wales
Judgment Date
19 January 2017
Procedural Posture
Election Petition / Final Judgment After Trial
Outcome
petition dismissed
Legal Topics
Election Petitions, Electoral Process, Vote Counting, Postal Voting, Scrutiny of Election Returns
Election Law Public Law Election Petitions Electoral Process Vote Counting Postal Voting Scrutiny of Election Returns

Case Brief

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Parties

Mandy Richards

Petitioner

Tony Devenish

First Respondent

Charlie Parker

Second Respondent (returning Officer)

Procedural Posture

Election Petition / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 2016 London Assembly election for West Central was conducted in accordance with the law
  2. 2 Whether errors or irregularities in turnout, postal voting, or ballot handling affected the election result
  3. 3 Whether there was any evidence of collusion, tampering, or adjudication error sufficient to invalidate the election

Ratio Decidendi

The petitioner failed to prove on the balance of probabilities that any error, irregularity, or breach of duty occurred in the conduct of the election or that any such act or omission affected the result. The election was conducted substantially in accordance with the law, and all allegations in the petition were dismissed.

Court Disposition

petition dismissed

Orders

  • All aspects of the petition are dismissed.
  • No order for full scrutiny of election documents.