Babington & Ors v Cooper & Ors [2022] EWHC 937 (QB) (27 April 2022)

Babington & Ors v Cooper & Ors [2022] EWHC 937 (QB) (27 April 2022)

Despite admitted breaches of electoral law, including allowing ineligible voters to vote, failure to keep the Corresponding Number List sealed, and administrative errors, the election was conducted substantially in accordance with the law as a whole. The breaches did not affect the result, and were not of such scale or seriousness as to render the election a sham or travesty. Section 48 of the Representation of the People Act 1983 preserved the validity of the election.

Citation
[2022] EWHC 937
Parties
Petitioner: Susan Babington; Petitioner: Martin Blakey; Petitioner: Sarah Chester; Petitioner: Lesley Wright; Respondent: Jessica Cooper; Respondent: Stewart Ferris; Respondent: Joanna Mason; Respondent: Janet Waggott
Jurisdiction
England and Wales
Judgment Date
27 April 2022
Procedural Posture
Election Petition / Judgment After Trial
Outcome
petition dismissed
Legal Topics
Substantial Compliance With Electoral Law, Section 48 Representation of the People Act 1983, Parish Council by Election, Breaches of Election Rules, Effect of Breaches on Election Result
Election Law Public Law Substantial Compliance With Electoral Law Section 48 Representation of the People Act 1983 Parish Council by Election Breaches of Election Rules Effect of Breaches on Election Result

Case Brief

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Parties

Susan Babington

Petitioner

Martin Blakey

Petitioner

Sarah Chester

Petitioner

Lesley Wright

Petitioner

Jessica Cooper

Respondent

Stewart Ferris

Respondent

Joanna Mason

Respondent

Janet Waggott

Respondent

Procedural Posture

Election Petition / Judgment After Trial

Legal Issues

  1. 1 Whether breaches of electoral law in the conduct of the Church Fenton parish council by-election rendered the election invalid under section 48 of the Representation of the People Act 1983
  2. 2 Whether the election was conducted substantially in accordance with electoral law despite admitted breaches
  3. 3 Whether the breaches individually or cumulatively amounted to a sham or travesty of an election

Ratio Decidendi

Despite admitted breaches of electoral law, including allowing ineligible voters to vote, failure to keep the Corresponding Number List sealed, and administrative errors, the election was conducted substantially in accordance with the law as a whole. The breaches did not affect the result, and were not of such scale or seriousness as to render the election a sham or travesty. Section 48 of the Representation of the People Act 1983 preserved the validity of the election.

Court Disposition

petition dismissed

Orders

  • The petition is dismissed.
  • The fourth respondent (Returning Officer) to pay the petitioners' costs, subject to detailed assessment if not agreed.