The Good Law Project, R (on the application of) v Electoral Commission [2018] EWHC 2553 (Admin) (04 October 2018)

The Good Law Project, R (on the application of) v Electoral Commission [2018] EWHC 2553 (Admin) (04 October 2018)

On the proper interpretation of section 111(2) of the Political Parties Elections and Referendums Act 2000, the three payments totalling £620,000 made by Vote Leave Limited to AggregateIQ Data Services Limited between 16 and 21 June 2016 to pay for advertising services purchased by Mr Darren Grimes were referendum expenses incurred by Vote Leave Limited.

Citation
[2018] EWHC 2553 (Admin)
Parties
Claimant: R (The Good Law Project); Defendant: Electoral Commission; Interested Party: Vote Leave Limited; Interested Party: Mr Darren Grimes
Jurisdiction
England and Wales
Judgment Date
04 October 2018
Procedural Posture
Judicial Review / Order Following Judgment; Consideration of Form of Declaration, Costs, and Permission to Appeal
Outcome
Claimant succeeded on the only ground permitted to proceed; declaration granted; costs awarded subject to cap; permission to appeal refused.
Legal Topics
Referendum Expenses, Interpretation of Political Parties Elections and Referendums Act 2000, Costs in Judicial Review, Permission to Appeal
Public Law Electoral Law Referendum Expenses Interpretation of Political Parties Elections and Referendums Act 2000 Costs in Judicial Review Permission to Appeal

Case Brief

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Parties

R (The Good Law Project)

Claimant

Electoral Commission

Defendant

Vote Leave Limited

Interested Party

Mr Darren Grimes

Interested Party

Procedural Posture

Judicial Review / Order Following Judgment; Consideration of Form of Declaration, Costs, and Permission to Appeal

Legal Issues

  1. 1 Whether payments made by Vote Leave Limited to AggregateIQ Data Services Limited for advertising services purchased by Mr Darren Grimes were 'referendum expenses' incurred by Vote Leave under section 111(2) of the Political Parties Elections and Referendums Act 2000

Ratio Decidendi

On the proper interpretation of section 111(2) of the Political Parties Elections and Referendums Act 2000, the three payments totalling £620,000 made by Vote Leave Limited to AggregateIQ Data Services Limited between 16 and 21 June 2016 to pay for advertising services purchased by Mr Darren Grimes were referendum expenses incurred by Vote Leave Limited.

Court Disposition

Claimant succeeded on the only ground permitted to proceed; declaration granted; costs awarded subject to cap; permission to appeal refused.

Orders

  • Declaration that the three payments totalling £620,000 made by Vote Leave Limited to AggregateIQ Data Services Limited for advertising services purchased by Mr Darren Grimes were referendum expenses incurred by Vote Leave Limited.
  • Defendant to pay the claimant £40,000 on account of costs, reflecting the cap imposed by prior order and partial success.