Ahmed v Kennedy & Ors [2002] EWHC 2060 (QB) (11 October 2002)

Failure to serve notice of the amount and nature of security within the prescribed time under section 136(3) of the Representation of the People Act 1983 is a mandatory requirement; non-compliance renders the petition a nullity and cannot be waived by the court.

Citation: [2002] EWHC 2060
Parties: Petitioner: Naim Ahmed; First Respondent: Anthony Paul Kennedy; Second Respondent: Stewart Dobson
Jurisdiction: England and Wales
Judgment Date: 11 October 2002
Procedural Posture: Election Petition / Application to Strike Out Petition
Outcome: petitions struck out
Legal Topics: Mandatory Procedural Requirements, Service of Documents, Security for Costs, Jurisdictional Nullity

Election Law Civil Procedure Mandatory Procedural Requirements Service of Documents Security for Costs Jurisdictional Nullity

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Naim Ahmed

Petitioner

Anthony Paul Kennedy

First Respondent

Stewart Dobson

Second Respondent

Procedural Posture

Election Petition / Application to Strike Out Petition

Legal Issues

1 Whether failure to serve notice of the amount and nature of security within prescribed time renders petition a nullity
2 Whether procedural defects can be waived under Civil Procedure Rules
3 Interpretation of mandatory requirements under Representation of the People Act 1983

Ratio Decidendi

Court Disposition

petitions struck out

Orders

Petitions in both cases struck out for failure to comply with section 136(3) of the Representation of the People Act 1983