The Good Law Project, R (On the Application Of) v Electoral Commission & Ors

The Good Law Project, R (On the Application Of) v Electoral Commission & Ors

The Electoral Commission misinterpreted section 111(2) of PPERA by assuming that donations cannot also be referendum expenses. Payments made by Vote Leave to AIQ at Mr Grimes' request for advertising services were referendum expenses incurred by Vote Leave, as they were specific donations for qualifying expenses under Schedule 13 of PPERA and for referendum purposes.

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
14 September 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration granted; the Electoral Commission misinterpreted the law.
Legal Topics
Referendum Expenses, Statutory Interpretation, Campaign Finance, Donations and Spending Limits
Election Law Administrative Law Referendum Expenses Statutory Interpretation Campaign Finance Donations and Spending Limits

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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 / Final Judgment

Legal Issues

  1. 1 Whether the Electoral Commission correctly interpreted the definition of 'referendum expenses' under section 111(2) of PPERA
  2. 2 Whether payments made by Vote Leave to AIQ constituted referendum expenses incurred by Vote Leave
  3. 3 Whether donations can also be referendum expenses under the statutory scheme

Ratio Decidendi

The Electoral Commission misinterpreted section 111(2) of PPERA by assuming that donations cannot also be referendum expenses. Payments made by Vote Leave to AIQ at Mr Grimes' request for advertising services were referendum expenses incurred by Vote Leave, as they were specific donations for qualifying expenses under Schedule 13 of PPERA and for referendum purposes.

Court Disposition

Declaration granted; the Electoral Commission misinterpreted the law.

Orders

  • Declaration that the AIQ Payments were referendum expenses incurred by Vote Leave under section 111(2) of PPERA